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amarjit   17 May 2015

Harrassment under section 498a and section 406

Respected Sir,

We urgently seek your expert advise.

Our son is living in Canada. He got married in October 2014. Our son went back to canada after about 10 days of marriage. He started preparing papers for his wife to be sponsored by him. His wife's brother abused our son with vulger language for not talking to his sister for a few days over phone in January when she was at her parents home. Our son asked his wife to to talk to her brother to feel apology as he abused without any reason. But she refused to do so. On24.02.2015, in the evening, she told my wife that she is having severe headache. My wife asked her to go to the doctor alongwith her and take medicine. But on the contrary, she told she has already taken 10 tablets of Avil. My wife immediately informed me and we rushed her immediately to a private hospital where they started teatment immediately. Next day morning, her parents alongwith other relatives came and took her alongwith them angainst the medical advise and got her admitted in Govt hospital at their place. On 04.03.2015, they lodged a complaint with the police u/s 498a and u/s 406 of IPC. Police called us on 10.03.2015 and we gave statement of facts. But police have registered FIR u/s 498a and u/s 406 of IPC against our son, my wife and me. We applied for anticipatory bail and got it. Sessions judge called for police report on 14.05.2015. Police produced all the records and recovery made from us. But Sessions Judge has extended date upto 21.05.2015.

Kindly guide us in the matter and advise us in the matter. Also, kindly suggest a good lawyer at Gurdaspur/Batala in Punjab.

With humble Regards



 4 Replies

ROHIT SHARMA (Legal Advisor )     17 May 2015

1. The fact of your case is that your son did not take her with her when he went abroad when he soon left for Canada within 10 days after marriage and while he was in India he had received abuses over the phone by his brother in law as why he was not taking his siter with him and being aggrived by such abuses your son had demanded aploy from him conveyed through his wife who at that time was at her parental residence. And later your duagther in law was at your residnce one day she informed your wife that she was having severe headaches and in such situation your wife then asked her to go along with her to see a doctor at a pricvate hospital but your daughter in law mentioned that she had already taken 10 tablets of Avil ( which is a an anti-allergy drug and which is not life threating if taken in more quatity at one time )- but she refused to see a doctor and you then had infomed her parents and who then on the next following day took her away from your residence to a Govt. Hospital and have had got her treated and obatianed medical reprots and then later they filed a complaint before the poilce who after making prliminary investigation have recorded a F.I.R. u/s 498-A & s. 406 of I.P.C. and that you all have got A.B.

2. The poilce must have filed the charge sheet before the court trial court who then must have  transferred  (commited) the case to the Sessions court and all the evidences and recovery made by the police have been called by the Sessions Judge.

3. Now you must have received summons for appeareance before the sessions court on 21-5-2015 but then you need not be worried. Engage an advocate and appear alongwith him on the sceduled date and file application for regular bail before the Sessions Court ( as the A.B. was limited till the time the case matter was being investigated) and most likely the proceedings would be adjourned and posted for futher heraing on a next date. 

4. On such next date your advocate can submitt a Cr.Misc. Application u/s 227 of Cr.P.C. 1973 before the session Judge seeking discharge of all the accsued on merits that there are no sufficient evidneces that can support any casue of mental cruelty for to attract the provision of s. 498-A I.P.C. since the fact that your son had not taken her alongwith her to Canada soon after the marraige and which he could have done only after completion of the required formalities does not provide any casue for your daughter in law to have attempted to injure her self by consuming 10 tablets of Avil which are just anti-allergy drugs and would not have casued severe complications to her health or therats to her life and such fact then do not attract the provision of s. 498-A 0r s. 406 I.P.C.

5. Chances are that the court may rule out the merits of the F.I.R. recorded by the police as baseless.   Your dicharge application may survive. Otherwise you have another remedy to file a Cr.Misc. Application u/s 482 of Cr.P.C. 1973, before the H.C. seeking quashing of the F.I.R.

6. If need be and you feel you need more appriasal on legal procedural laws you can opt to have direct paid phone consultation with this lawyer provided that you are willing and agree to pay a moderate sum of Rs. 500.00 as renumeration for such purpose.

5. You can get my contact details by clicking upon my name shown in the L.H.S. margin of this reply format.

 

 

 

amarjit   18 May 2015

Respected sir,

Thanks for your valuable advise. I would like to inform you that I do not mind paying renumeration for the advise. Actually next date is fixed for the police to get recovery from us. and objection if any police is having in our bail. Sir so far chargesheet has not been filed in the court. We applied for anticipatory bail to avoid arrest. Sir kindly advise if FIR can be quashed at high court and also I need a good lawyer at Chandigarh for attending the case at high court.

FightForCause (Businessman)     18 May 2015

Sir Please get in touch with SIF( Save Indian Family ) team, they can give you mental support and also help in your queries.

 

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Mukesh sharma (job )     09 December 2015

hi you need to meet with lawyer go to court with you lawyer and give bail application  


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