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Dino Mackenzy (Delivery Head)     03 April 2015

Regarding 498a quashing in scenario as explained.

Hi All,

I am looking at one interesting matter. Below is a brief of a matter:

 

  1. Wife has filed complaint to Women's Grievances Redressal Cell in October 2012.
  2. Wife filed private case u/s 156(3) of CrPC against husband and his family in November 2012.
  3. Counselling at Women's Grievances Redressal Cell finished in first week December 2012 without compromise.
  4.  Wife returned to matrimonial home in last week of December 2012 after compromise outside.
  5.  Wife once again deserted husband in second week of Jan 2013.
  6.  Court ordered report from Police u/s. 202 in Feb 2013 for a private case filed by wife as referred in point (2) above.
  7. In March 2013, with the help of corrupted Police wife lodged FIR u/s. 498a,406 and oth. against husband and family. Innocent family members got arrested based upon this complaint/FIR.  
  8. Private case filed u.s 156(3) is yet to be disposed by Court however Police is now filed Chargesheet and State vs. husband case has started already after framing of charges.                                                                                                                                                          I am having confusion if Police is acted correctly by taking wife’s complaint u/s 154 of CrPC when matter is still pending in Court for disposal? Does the act from Police is legal in this case as per law.

Please advise.

 

 

Many Thanks!



 8 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     03 April 2015

What were her prayers in private case filed by your wife. 

Secondly Police registering her complaint was subsequent event .It can be the case wherein police under 156(3) asked police to register F.I.R u/s 498-a .

Regards,

 

Adv.NIKHIL SETH 

Mumbai 

9867264707

SAINATH DEVALLA (LEGAL CONSULTANT)     03 April 2015

I presume U R not the accused.Leave all the things aside and provide the contents of the FIR

Dino Mackenzy (Delivery Head)     03 April 2015

Thanks for response.  Yes correct, I am not accused but just helping hand to the needy person. But I am aware of his whole case and working with him since last  couple of months. 

Wife has filed private compliant u/s. 156(3) for registration of FIR under IPC 498a,406 and othr. against husband and his family. She mentioned about physical and mental harassment for “X” lacs of rupees for “Y” reason.

FIR registered by Police is again u/s 498a,406 of IPC and it is taken u/s 154 of CrPC as complainant approached to Station House herself and registered offense. Another interesting thing is, reason stated inside FIR for demanding money is different as that of one stated inside her private complaint. So, obviously there is collision between Police and wife/her family which led to this FIR.

Like I mentioned Private complaint filed u/s 156(3) is yet to be disposed by Court till the date and hence said FIR can’t be related to this case.


Kind Regards !

Dino Mackenzy (Delivery Head)     04 April 2015

Guys - Kindly advise.

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

mention UR real name. We are not childhood friends, nor classmates nor colleagues, What makes U address the experts as GUYS. This is not a playground, this is not a class room, the querists  have to maintain decency in their language. All the experts are very senior advocates. I have been repeatedly, warning the querists to use proper language 

Dino Mackenzy (Delivery Head)     04 April 2015

Wow. That's really amazing. How arrogant u are! I am not here to listen lecture from you. Rather I would prefer to help people or get help from others. Needless to say I highly respect each and every person (except you going forward) on this great forum. "Guy" is a simple English word and you can checkout meaning of the same using English dictionary. There is nothing disrespectful using this word. 

If you don't want to help people free of cost, you can tell openly but don’t give useless advice like one mentioned above just to show that you are helping here and other people are needy. Please don’t discourage people by posting rubbish like above.

By the way, why do you want to know name when we are neither childhood friends nor classmates like you yourself mentioned?  Even if you are a judge of a Supreme Court or Prime Minister of India I really don’t care if you don’t know how to talk to people.

I don't want to argue with person like you anymore as I don’t find anything wrong with my language. So, better mind your own language and business. 

I pray apology from other honorable members on this forum for my rough language but it was important for me to give appropriate answer to this person. I hope rest of people are with me and do the appropriate justice. 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

I  would invite the views of the experts and the administration of LCI, to the above  paragraph.

Dino Mackenzy (Delivery Head)     04 April 2015

Sure. I am desperately waiting and ready for apology in case found faulty!

 

Cheers!


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