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498_final stage (Professional)     18 April 2013

Is arrest in 498a in hands of the daughter in law?

I spoke to some 498a girls and I was surprized to hear when they told me that Police ask the girl if she want an arrest or not. Is arrest in the hands of "Daughter in Law"?



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 7 Replies

Pooja_____ (HR)     18 April 2013

Police men gather info whether wife is ready to bribe them for arresting the husband? Money matters.

498_final stage (Professional)     18 April 2013

So you mean to say police has right to arrest just on a complaint???? Dont they need to do any investigation???? I think they need some strong evidences that crime as actually happened. How police can just blindly trust a woman??? 

I think there are many amendments done by HC and SC of India. 

stanley (Freedom)     19 April 2013

My Dear Friends , 

Please try to understand the term corrupution . Ist all about abstraction of money that such false cases are filed .

498_final stage (Professional)     19 April 2013

Hi Agree that there is corruption. But still unless we dont fight we can never defend ourselves. I agree corruption can never be eradicated from India. But we need to raise a voice against it.

Now in my case that b*st*rd's woman's mother filed a DV case from their hometown and requested for my arrest.

So why these women are given false information that they have right to do anything. Women should get protected because they are a weaker s*x but that does not mean they stop thinking

advocate praveen (prop.)     19 April 2013

Dear,

First of all it is for your kind inforamtion that no police can arrest without investigation, it is different part that their are corruption.  However, it is also for your knowledge that any complaint filed by the girl can not convert in to the FIR there are some procedure to register the FIR.

as you ask about 498a, it is very strong tool in favour of girl to use and threat to her in law's.  But no in every condition.

for more query

advocate.praveen@hotmail.com

Reformist !!! (Other)     21 April 2013

As suggested by Mr Praveen advocate, it depends if police converts a complaint in FIR or not...It all depends on Gandhi ji....How much gandhiji ur in laws side give to police. If enough paid or they ave sm political links, then complaint will get converted to FIR easily.....

And yes police will arresst if ur wife pays something to them.....its just like give and take or they shud hv politcal links to get u arrested....

And when police converts complaint to FIR, there is no investigation done. Police has power to regoster a FIR without investigation and they may arrest u on the basis of investigation only

498_final stage (Professional)     22 April 2013

Complaints are converted to FIR but there is a difference between being in Custody after investigation and being arrested. Women cells are adviced to be a mediator before FIR. Now even after FIR unless warrents are issued by the court arrest cant be done. Even if police feel it is important to arrest then they need to have a writen permission of State/Area SSP.

After FIR reaches court the court mediation is also directed. In court mediation there is a judge who again triy to understand the case. After this if mediation fail and the case is taken forward for a trial then one need to have AB or surrender to get the bail. You can have AB/Bail after Surrender even before as well.

Again please dont be so coward to face reality. Man has right it is just a matter of realization if you really want to fight it or just want to accept that the system is corrupt.

Dont be afraid of facing false cases. You will win for sure.


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