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RAGHAVVVVV (OP)     17 September 2010

veryyyyyyy urgent advice

Dear all experts

My wife has filed a false case against me in crime against women cell,delhi.

Sir/Madam. I am posted in Ahmedabad as i am a officer in Bank.I got a notice from CAW requesting me to appear for reconciliatory proceedings.But due to my job and not availability of leave i could not attend the CAW on said date. My father appeared before CAW cell instead of me.The Investigating officer told my father that your son will have to appear before CAW cell and record his statement before me so she gave next appearance date as 20-9-2010.She will send another notice to me in GUJARAT through SSP office,gujarat.She also told that your son has to come every week on each date.Sir ,Problem is that i have no leave left in my account and also it will be very costly and painful for me to come  after every week in Delhi.Sir ,My wife and my in-laws are very shrewd people and they know that I can't join CAW cell frequently that is why they are harassing me by filing complaint against me in CAW cell.

 

Please advice whether is this mandatory for me to appear before CAW cell.?

If my father appears instead of me ,IS this not enough?

Can i give them my statement in written stating my points and send it by post?WIl that be not enough?

Please also advice what are the powers of CAW cell?

Please help me ALL experts?

 

With warm regards and thanks

 

RAGHAVVVVV

 

  WITH REFERENCE TO ABOVE I CONVEY MY SINCERE THANKS TO ALL EXPERTS FOR THEIR PROMPT REPLY AND ADVISE.

 PLEASE ALSO ADVISE WHETHER ADVOCATE IS NOT ALLOWED TO ENTER CAW CELL? IS THERE ANY LAW REGARDING THIS?

WHAT ARE ADVOCATE POWER REGARDING CAW CELL?

HOW CAN WE DEMAND COPY OF COMPLAINT FILED AGAINST ME?

CAW CELL IS DENYING TO GIVE US COPY!

PLEASE ADVISE ALL RESPECTED EXPERTS

 

 

THANKS AND REGARDS

 

RAGHAV



Learning

 12 Replies

Prakash Yedhula (Lawyer)     18 September 2010

Delhi High Court has held that CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. You are at liberty not to appear before CAW Cell.

3 Like

Tajobsindia (Senior Partner )     18 September 2010

Mr. Y Prakash has quite rightly guided you and kindly do the needful;


1. Send the below Citation via your Father to CAW Cell, Nanakpura, Delhi and take a receiving from them (Normally they will not give) so alternate is to send by Govt. Speed Post A/D with covering Letter and follow its 'receiving' via RTI after 10 days. They will be in dock now.


2. Here is the Re.: D HC Judgment for your use;


IN THE HIGH COURT OF DELHI AT NEW DELHI

SUBJECT : INDIAN PENAL CODE

WP(Crl) No.134/2006 & CM No.545/2006

Date of Decision : July 27, 2006

Smt. Jasbir Kaur ...... Petitioner

Through: Mr. Keshav Kaushik with Ms. Chander Prabha and Mr. Manish Biala, Advocates.


Versus


State (Govt. of NCT
Delhi) ...... Respondents & Ors.

Through: Ms. Mukta Gupta, Advocate.


S.N. AGGARWAL, J.(ORAL)


1. The petitioner was married to Sardar Satinder Singh according to Sikh rites on 28.11.2004. After marriage, there was a matrimonial discord between the couple on account of which the petitioner left her matrimonial home and filed a complaint of harassment and misappropriation of her dowry and istri dhan articles by her husband and other members of her in-laws family. Learned counsel for the petitioner says that the petitioner did not leave her matrimonial home of her own and according to him she was turned out of from her matrimonial home after giving beatings to her on 25.3.2005.


2. The grievance of the petitioner in this writ petition is that despite her complaint the police did not register a case under Section 406/498A/34 IPC against her husband and other members of her in-laws family.


3. In response to the notice of this writ petition, a status report has been filed by the respondents which reveals that a case under Section 406/498A/34 IPC has already been registered against the husband of the petitioner and other members of her in-laws family.


4. This addresses the first prayer made by the petitioner in the present writ petition.


5. The petitioner has also made other prayers in this writ petition which are to the following effect that this Court should abolish CAW Cells and direct that as soon as the police receives any complaint of a congnizable offence, the same should be dealt with as per the provisions in the Code of Criminal Procedure 1973.


6. Learned counsel for the petitioner has relied upon the provisions contained in Article 15 of the Constitution of India and on the strength of the same, he has contended that there cannot be any discrimination in the matter of investigation on the ground of religion, race, caste, s*x, place of birth or any of them.


7. The creation of CAW Cells for investigation of crime pertaining to women, in my opinion, does not cause any discrimination on the basis of s*x for the CAW Cells have been constituted with a social purpose so that the crimes relating to women are dealt with sensitivity. CAW Cell is like any other specialized wing of the Delhi Police like Special Cell, Crime Branch, etc., where firstly an attempt is made to bring about unity between the two spouses so as to make the marriage a success. On the failure of these reconciliation attempts, the law is allowed to take its course. Thus no fault can be found with the creation of CAW Cells.


8. In Mr. Raj Kumar Khanna v. The State (NCT of Delhi) and Ors.; 2002 (1) JCC 327, the Division Bench of this Court has observed as under:-


“Police Headquarter framed the procedure to be followed by the C.A.W. Cell with the intention of preventing abuse of the process of law. But in this case police committed abuse of the process established by its Commissioner. No attempt was made to resolve the difference between Manoj Kumar and respondent No.5 nor efforts were made to bring about amicable settlement for which purpose Crime Against Women Cell was created. This cell is meant to safeguard the marriage and not to ruin it by registering case immediately on the asking of the complainant. Once an FIR is registered it becomes difficult to solve matrimonial tangles and things reaches such a pass that it cannot be restored back”



9. Upon consideration of all the facts and circumstances of the case, I am of the view that the prayer of the petitioner insofar as it relates to abolition of C.A.W. Cells is concerned, the same cannot be accepted.


10. In terms of the aforesaid order, this writ petition is disposed of.

Sd/-
S.N. AGGARWAL
(JUDGE)

1 Like

Tajobsindia (Senior Partner )     18 September 2010

3. For "HOW CAN WE DEMAND COPY OF COMPLAINT FILED AGAINST ME?"


Use the attached CIC Decission (PDF file) and DEMAND CAW Cell, Nanakpura, Delhi via L & L 48 Hrs. reply a RTI Application and tell them to supply True Copy of Complaint filed by your wife against you and or family members. They will be in big dock once your RTI reaches them.

 


Attached File : 12 12 sm 28102009 06 complaint public document.pdf downloaded: 772 times
1 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     18 September 2010

Dear Querist,

 

You must be satisfied by the quick response that the Ld. contributors has have opined.

 

You may also take note that if on the basis CAW report or otherwise, Delhi Police registers an FIR against you, its your primary duty to seek AB from a Court having jurisdiction of the PS where it is registered. Secondly, in the intervening period, depending upon the subsequent developments, you may request DP for lodgement of an FIR for an investigation against harassment meted on you and your parents in Delhi by filing written complaint.

 

Thirdly, neither you nor any of parents are/is under obligations to appear before CAW cell, DP. You may send your written response to CAW cell if you so desire. Please be advised that CAW cell does not have summoning power. So, please don’t worry. AT CAW Cell, Advocate is not necessary since it is merely a conciliatory body.

 

Trust this would be fine.

 

Feel free contact should you have any other or further query.

 

--
Thanks & regards.

 

Rabin Majumder

Advocate & Attorney

For NuDelhiLawFora

 

At:
Ch. 91, Sh. AK Sen Chambers Block,

Supreme Court of India

 

Also at:

Lawyers’ Consultation Room /

2nd Floor, Bar Room

Delhi High Court

New Delhi – 110003


+ 91 98992 59811

+ 91 9013307807

Vijay Kumar (Advocate)     18 September 2010

What is the full form of CAW?


(Guest)

CRIME AGAINST WOMAN

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     12 October 2010

I do agree with the views of of my Ld. friends.


(Guest)

HOLY COW NOW after delhi HC judgement, earlier a bull.

 

u need not appear necessarily there better is to communicate in writing and denying allegations. ask for copy of complaint in rti and contact expert lawyer to defend urself even before a FIR is registered.

anuradha (director)     24 October 2010

i got married last year on 20.9.2009 my husband was married and divorced before in chandigarh my husband and his parents did not disclosed me that he was married and divorced ... his passport was made after his divorce and there is no spouse name mentionsed in gurudwara also they did not mentioned anything i want to file cheating case how can i do that.

    


(Guest)

anuradha u can file under fraud

NASIM (ASSOCIATE)     18 June 2016

N.A.Khan (Advocate) Mob:9891468169

My Dear Friends if you have been falsely implicated after being given false and frivolous complaint by your wife and daughter-in-law.

Please donot panic, there is no need of anxiety.

Now a days there is a trend mostly in Metro cities and urban areas that if you are not fulfilling the illegal demands of your wife and daughter in law, she extend threats of falsely implication in Dowry Cases.

Women are misusing the rights given to them, which attracts great danger for our civilised and peaceful societ. This kind of activities by the women of quarrelsome nature, greedy and lustful can spoil the future of the our coming generation. So beware of this.

If you are the real victim of this kind of harassment, please contact us. we handle specially this kind of cases on behalf of the husband / inlaws.

We assure to prevail over it.

N.A.Khan (Advocate) Mob:9891468169

 

NASIM (ASSOCIATE)     18 June 2016

Dear Friends

Now-a-days the girls are misusing the powers/ rights of Dowry Act and in this manner they are dragging to their husband and inlaws to implicate in the false and frivolous dowry cases, domestic violence and complaint in CAW Cell.

This kind of illegal trend which has taken place in our society is a matter of debate at length and there is a need of amendment in the Act. 

If someone is really a victim of this kind of cases.

Do not panic. Please contact us. We specially fight for the innocent husband and in-laws.

N.A.Khan (Advocate)

Mob:9891468169

 

 

 

 

 


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