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Rajesh Kumar   17 September 2015

Kindly advise: 498a,3/4, 376, 377, 504,506,511 in one fir

Dear Sir,
I need ur urgent help, kindly advise:
1) I got married in Nov. 2013. Wife used to torture me & my parents by many ways, we also felt that she may have some mental problem also. Many times she pretended that she consumed pesticide but it was not true.
2) She left our home in Oct 2014 by doing propaganda and saying she will defame and ruin our family. Give me so much of money etc.
3) We tried for settlement out of court but no result. Her father was claimimg that the boy is impotent, sometimes says that the boys has relation with other girls etc..
4) We filed diorce under sec-13 (cruelty) without using sec-9(RCR) in month of Jan 2015 in the same city of UP where we and her family normally reside.
5) She did not receive samans, but when saman reacehd her home in july2015 her parents started comming our home with many people and made nuisance and forced that she will stay here only, but they were not successful.
6) we felt that this was to create some scene to lodge DV case.
7) Now she filed 498a 3/4 along with 376 against the brother of husband, his wife, father & mother etc, 377 against me, 504, 506, 511, 323 etc. in CAW cell at some other Distt whether they do not reside and is away from our city.

8) We did not go for mediation, as they have filed caviet. So we were afraid that the police will arrest.

9) We applied for arrest stay at HC, Allhabad but not listened by judge and dismissed the pettition.

10) What to do now? What are the best solutions to the matter?

Kindly Advise.
Regards,

Rajesh Kumar



 7 Replies

sagar bhatt   17 September 2015

hi... with the respect of High Court's prediction in ur case.. primary u should try to file ur case double bench with very strong reasons.. with prayer of quashing the FIR .. . and secondly also do an application under sec.438. of Cr.P.C.. if u n urs are not arrested till..

Rajesh Kumar   17 September 2015

Sagar Sir, Thanks a lot. But the bench was already double judge bench. Also someone told that provision of Anticipatory bail is not there in uttar pradesh. So can we file 438...?

Rajesh Kumar   18 September 2015

No further replies of the experts.....? Experts, kindly suggest.

AS   19 September 2015

Ya No AB in UP.

But there is a provision of Stay on Arrest.

AS   19 September 2015

7) Now she filed 498a 3/4 along with 376 against the brother of husband, his wife, father & mother etc, 377 against me, 504, 506, 511, 323 etc. in CAW cell at some other Distt whether they do not reside and is away from our city.

 

Go to CAW cell and drag it there ...in mean time search and hire a good lawyer and take his advise.

498A 504 506 are ok ...

But 376 and 377 are dangerous

Rajesh Kumar   21 September 2015

AS sir thanks for ur advice. But i could not understand " go to caw cell and drag it". If we go to caw cell, shall not they arrest us?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 September 2015


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