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Hetal (sdfsdf)     29 June 2012

Non cognizable offence

Mumbai - my brother wife  left our house 10 months ago. she is staying with her parents since then. She has left the house serveral time in their marriage period of 5 years.  My brother got call from police station three months ago asked him to visit police station. police help both the party understand it's their love marriage and they need to sort out their difference. Last month My brother send notice through his lawyer telling her come back to his rental house so we can start our marriage. She replied notice therating filing 498 a complaint against family member immediately. It's been month she has NOT  filed any complaint. My brother asked  lawyer to find information from police station to check what was original complaint three months ago. We found it was not FIR but Non cognizable offence .   I'm not sure what is she upto ? 

 

My questions is

1) To file FIR for 498 A does she need to prove anything at police station ?  I know she has no proof against our family.  Ofcourse In india anything is possiable with money :-)

2)  she left our house 10 months ago , can she file 498 case anytime ? whenever she wants or any time limit ?

 



Learning

 20 Replies

**Victim** (job)     30 June 2012

Tht non cognizable offence itself is 498(a) better double check in police station

(Guest)

Dear Hetal,

For a girl to lodge a complaint u/s 498-A of I P C, she has to approach the police station and if so desire can submit the complaint in writing. Likewise, the statement of the complainant is recorded and depending on the charges pressed by the girl (complainant) on the complaint lodged, the police machinary sets in motion. Further to as law has been changing now, once a complaint is there lodged by a girl as against her husband and his family members, police authority subsequent to lodging of complaint refers the matter to Counsellors appointed and attached with the police station who issue notices to both parties and try to sort out the issue. But howsoever, if the same fails, then report is sent back to police station and FIR is registered and police starts investigation in the case, if found that the charges pressed are true, arrests the accused persons and after completion of investigation file charge-sheet before court u/s 173 of Cr. P. C.

Yes, a girl can file complaint at any pint of time and she as well can lodge complaint with the precintcs of police station wherein she is residing other than where the house of husband is located and the offence is registered as Zero Crime no. and referred to the police station of the area where the accused (husband) and his family is residing.

As per law, under Cr. P. C depending on the imprisonment the limitation for lodging complaint and setting investigation in motion is prescribed.

I hope this explains your querry. In case you need any further guidance, feel free to communicate.

1 Like

(Guest)

Dear Hetal,

For a girl to lodge a complaint u/s 498-A of I P C, she has to approach the police station and if so desire can submit the complaint in writing. Likewise, the statement of the complainant is recorded and depending on the charges pressed by the girl (complainant) on the complaint lodged, the police machinary sets in motion. Further to as law has been changing now, once a complaint is there lodged by a girl as against her husband and his family members, police authority subsequent to lodging of complaint refers the matter to Counsellors appointed and attached with the police station who issue notices to both parties and try to sort out the issue. But howsoever, if the same fails, then report is sent back to police station and FIR is registered and police starts investigation in the case, if found that the charges pressed are true, arrests the accused persons and after completion of investigation file charge-sheet before court u/s 173 of Cr. P. C.

Yes, a girl can file complaint at any pint of time and she as well can lodge complaint with the precintcs of police station wherein she is residing other than where the house of husband is located and the offence is registered as Zero Crime no. and referred to the police station of the area where the accused (husband) and his family is residing.

As per law, under Cr. P. C depending on the imprisonment the limitation for lodging complaint and setting investigation in motion is prescribed.

I hope this explains your querry. In case you need any further guidance, feel free to communicate.

1 Like

S.B.adil rahman (Legal Consultant )     30 June 2012

Filing of a case under section 498A is a cognizable offence in which police can arrest without warrant. If the lady is threatening your brother then your brother should file a case under section 506 IPC with the local magistrate. It is more better if he sends her a notice for restoring the conjugal life. If she refuses then he should go for filing a divorce case.498A IPC is a gender bias law.

Hetal (sdfsdf)     30 June 2012

Thank you all for answering query promptly. The reason I posted the questions for time limit is because most of my family members (paretns/brother/sister)  is not living in india . How safe it's to visit to india in near future ?? 

My brother has moved to another state  from mumbai as he found another job. She is living at her parents place with their 3 years old daughter. As of today ,  beside two threatening notice of filing 498 A from her lawyer,  my brother has not recd. anything. Our criminal lawyer also went to vikhroli court , verify the information , no action from herside yet.  The initial complaint was not FIR , it was confirmed by our lawyer. She just wanted to put mental pressure on us , she filed NC saturday night and caught him off guard.

ANother question is can lawyer obtain NC copy from police station if he wants ??  How valid her statement or 498 A complaint after 10 months ?? 

 

 

 


(Guest)

Dear Hetal,

Unless an offence is duly registered as against a person police has no right to take cognizance of the same, unless the charges pressed are of cognizable nature. Now, you having submitted that the girl has issued two notices informing you to lodge complaint u/s 498-A, this can be used as a defence that the act was deliberate and premiditated and the complaint was lodged with malafide intentions to harass the husband and his family members at the time of evidence. Reason being, no girl would send a notice informing her intentions to lodge fir u/s 498-A as against husband and his family members. The girl would rather act forthwith by lodging fir and getting action initiated as against the delinquient.

If the complaint which was lodged by the girl has already been recorded asNon-cognizable u/s 155 of Cr P C, fresh report if any filed, cannot be taken into count if the same is on the same context and allegations levelled in the first report/complaint.

Sure, your lawyer can procure the copy of NC and the copy of report lodged by the girl. he will have to apply for certified copy of the same with the concerned police station.

The validity of the satement is evaluated by the court at the time of evidence when the complainant has to enter into witness box and pursuant to the same when the complainant is cross-examined. It is after recording the deposition of the complainant by way of examination-in-chief and cross examination, the validity or veracity of the statement is judged on the basis of corroboration, omissions, suggestions and new story coming into picture which was never stated by the complainant.

Your parents sure can visit India, there is no problem about it. If the complaint is registered and FIR is drawn in such event you can move Court of Sessions for grant of anticipatory bail. You can seek services of a Lawyer who can appoint some person to keep a watch if FIR is registered as against your family members. Likewise, once an FIR is registered within 24 hrs the copy of same is to be sent to Magistrate within whose jurisdiction the police station falls. So you can always have an eye on the fir which are in court and if the same is lodged, you can get a copy from court and proceed for seeking anticipatory bail.

Hope this clarifies your querry. In case you need any further guidance, feel free to communicate.

1 Like

(Guest)
Imprtant for me also.

Darshan Sharma (Lawyer-cum-detective)     30 June 2012

Better sort out differences in presence of a neutral person as judge and live happily with your wife and daughter who is darling of your heart.

Hetal (sdfsdf)     01 July 2012

Thank you Mr. Nayyar . Apperciate your help on claritication.  Thank you all for answering my query promptly. I failed to understand her motive behind threaten written notice. Either her lawyer is unaware of the fact (she is lying to him) or lawyer is misguiding her for some reason. Also, Her lawyer mentioned in the written notice she need 30 lakh from my sister as mainteance (she said My sister repetedly called her and assure her that she will give 30 lakh for maintenance) because my brother was unemployed month ago.  This was most absurd statement I have ever heard asking maintenance from husband sister.  My sister could have filed law suit and extoration of money complaint against her but she let her go thinking about little daughter of my brother.  Our lawyer suggested time is best medicine for this kind of case. Her family member will sonner or later leave her one by one and she will come to her sense.

Considering expterise indian lawyer has , I'm sure he must already advise her to file 498 A but some where she is hestitae to file compliant because she need some proof against my family that is my wild guess.

Most of my family members (including my paretns) has USA citizenship. How it will effect if she file 498 A when my parents or family members visit india. Do they have to surrender USA passport under the cirminal law. ???  How does it work.

 

 

 

 

Hetal (sdfsdf)     01 July 2012

Thank you Mr. Nayyar . Apperciate your help on claritication.  Thank you all for answering my query promptly. I failed to understand her motive behind threaten written notice. Either her lawyer is unaware of the fact (she is lying to him) or lawyer is misguiding her for some reason. Also, Her lawyer mentioned in the written notice she need 30 lakh from my sister as mainteance (she said My sister repetedly called her and assure her that she will give 30 lakh for maintenance) because my brother was unemployed month ago.  This was most absurd statement I have ever heard asking maintenance from husband sister.  My sister could have filed law suit and extoration of money complaint against her but she let her go thinking about little daughter of my brother.  Our lawyer suggested time is best medicine for this kind of case. Her family member will sonner or later leave her one by one and she will come to her sense.

Considering expterise indian lawyer has , I'm sure he must already advise her to file 498 A but some where she is hestitae to file compliant because she need some proof against my family that is my wild guess.

Most of my family members (including my paretns) has USA citizenship. How it will effect if she file 498 A when my parents or family members visit india. Do they have to surrender USA passport under the cirminal law. ???  How does it work.

Hetal (sdfsdf)     01 July 2012

Thank you Mr. Nayyar . Apperciate your help on claritication.  Thank you all for answering my query promptly. I failed to understand her motive behind threaten written notice. Either her lawyer is unaware of the fact (she is lying to him) or lawyer is misguiding her for some reason. Also, Her lawyer mentioned in the written notice she need 30 lakh from my sister as mainteance (she said My sister repetedly called her and assure her that she will give 30 lakh for maintenance) because my brother was unemployed month ago.  This was most absurd statement I have ever heard asking maintenance from husband sister.  My sister could have filed law suit and extoration of money complaint against her but she let her go thinking about little daughter of my brother.  Our lawyer suggested time is best medicine for this kind of case. Her family member will sonner or later leave her one by one and she will come to her sense.

Considering expterise indian lawyer has , I'm sure he must already advise her to file 498 A but some where she is hestitae to file compliant because she need some proof against my family that is my wild guess.

Most of my family members (including my paretns) has USA citizenship. How it will effect if she file 498 A when my parents or family members visit india. Do they have to surrender USA passport under the cirminal law. ???  How does it work.

Hetal (sdfsdf)     01 July 2012

Thank you Mr. Nayyar . Apperciate your help on claritication.  Thank you all for answering my query promptly. I failed to understand her motive behind threaten written notice. Either her lawyer is unaware of the fact (she is lying to him) or lawyer is misguiding her for some reason. Also, Her lawyer mentioned in the written notice she need 30 lakh from my sister as mainteance (she said My sister repetedly called her and assure her that she will give 30 lakh for maintenance) because my brother was unemployed month ago.  This was most absurd statement I have ever heard asking maintenance from husband sister.  My sister could have filed law suit and extoration of money complaint against her but she let her go thinking about little daughter of my brother.  Our lawyer suggested time is best medicine for this kind of case. Her family member will sonner or later leave her one by one and she will come to her sense.

Considering expterise indian lawyer has , I'm sure he must already advise her to file 498 A but some where she is hestitae to file compliant because she need some proof against my family that is my wild guess.

Most of my family members (including my paretns) has USA citizenship. How it will effect if she file 498 A when my parents or family members visit india. Do they have to surrender USA passport under the cirminal law. ???  How does it work.


(Guest)

Dear Hetal,

Police authorities have no right and authority to seize the passport. As regards the provisions of Passport Act is concerned, Apex Court has now ruled that it is the passport authority who can do the same. If the girl lodge FIR, as I stated earlier, Your parents sure can visit India, there is no problem about it. If the complaint is registered and FIR is drawn in such event you can move Court of Sessions for grant of anticipatory bail. You can seek services of a Lawyer who can appoint some person to keep a watch if FIR is registered as against your family members.

Parallely as I said, you can procure the copy of FIR and proceed for quashing of the FIR by preferring Criminal Application u/s 482 of Cr P C before High Court on the ground that they have not been staying in India and there was no involvement of your parents in any alleged act on the basis of which the girl press charges against your parents.

If your brother has not filed petitioon before family court, ask your brother to file petition for Restitution of Conjugal Rights u/s 9 of Hindu Marriage Act as the same guard your brother and even if his wife files complaint before police, the same shall be an after thought.

1 Like

Hetal (sdfsdf)     01 July 2012

Thank you Mr. Nayyar for clarification. We are keeping eye on FIR and 498 A complaint. Regarding Restitution of Conjugal Rights , we will let my brother decide. Like I mentioned earlier, she doesn't want to give him divorce but she need money from family. My brother was umemployed for 2 years, so she is aware he doesn't have money and there is not point putting him behind the bar.  Her motive is still hidden for not filing 498 compliant.

As lawyer suggested time is best medicine , in frustration she is making impulsive decision and throwing tantrum. Sonner or later she will realized .


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