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sakka (retired person)     06 October 2014

Caw cell consequences

Husband has filed complaint against wife in caw cell.

The girl and her parents attended first hearing and refused to come for further ones. They also asked for complaint copy but were refused. They also filed an rti but got no reply. What should be done? Should the girl and her parents take bail anticipating any criminal case against them because the caw people said they will refer the case to all police stations? Husband said in caw that he is harassed and he had lost his job because of her.



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 10 Replies

Rahul Kapoor (Legal Enthusiast)     06 October 2014

dear CAW is crime against women cell. can a husband file a complain there ???

sakka (retired person)     06 October 2014

Yes he can. He has filed and I also saw in the police website that 10% of the caw cell complaints come from husbands. Either that or he has originally approached the police station and they have transferred the complaint to caw cell. DO not know how it was. That is why we are asking that should the girl and her side take bail?

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Sending to ce cell means no FIR is registered as of yet, firstly they will try to settle the matter in cw cell, if nothing happens then only case will be registered and that to under appropriate section . ( which I doubt would never be registered in 498A because its for women). No need to take bail at this stage . Advocate kapil chandna, 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Sending to ce cell means no FIR is registered as of yet, firstly they will try to settle the matter in cw cell, if nothing happens then only case will be registered and that to under appropriate section . ( which I doubt would never be registered in 498A because its for women). No need to take bail at this stage . Advocate kapil chandna, 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Sending to ce cell means no FIR is registered as of yet, firstly they will try to settle the matter in cw cell, if nothing happens then only case will be registered and that to under appropriate section . ( which I doubt would never be registered in 498A because its for women). No need to take bail at this stage . Advocate kapil chandna, 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Sending to ce cell means no FIR is registered as of yet, firstly they will try to settle the matter in cw cell, if nothing happens then only case will be registered and that to under appropriate section . ( which I doubt would never be registered in 498A because its for women). No need to take bail at this stage . Advocate kapil chandna, 9899011450
1 Like

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear, Sending to ce cell means no FIR is registered as of yet, firstly they will try to settle the matter in cw cell, if nothing happens then only case will be registered and that to under appropriate section . ( which I doubt would never be registered in 498A because its for women). No need to take bail at this stage . Advocate kapil chandna, 9899011450

sakka (retired person)     07 October 2014

The girl and her parents attended first hearing and refused to come for further ones.

The husband said in caw that he will file a criminal complaint. Also while the girl's dad had gone to book rti(1 month later) and was coming out, one person came and said that the caw people had given report that the girl and her parents had "abused" the husband in front of them and they(caw people) were witness. 

On checking with commissioner's office there was a report like that. The girl and her parents did nothing but answer questions and write as they were told. They were not even given copy of their written statement. Should the girl and her parents apply for AB? 

 

PLEASE HELP!!!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2014

Dear Sakka

No need to worry, CAW cell is only a platform where the police officials tried to settle the matter amicably. if settlement is not possible then the matter will be sent to mediation or concerned police station for further action. and after persual of all the allegations and read the reply if filed by the opposite party, the police may take further action, closed the complaint or registered FIR.

No need to worry or there is no need to take any AB/Notice bail at this stage.

Feel Free to Call

1 Like

N.K.Assumi (Advocate)     08 October 2014

Yes agree with the above responds. CAW is like any other specialized wing like crime branch etc, where an attempt is made to reconcile the spouse of their differences and on failure of reconciliation the law is allowed to take its own course.


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