498a complaint
R. K. Bakshi
(Querist) 11 June 2013
This query is : Resolved
Dear Experts,
My daughter in law and her father who live in Panchkula, filed a criminal complaint against me, my wife and my son with CAW cell in Panchkula police for dowary, maltreatment and what not. After our 6 visits, police rejected the complaint. Then girl and her father filed another complaint with Mohali police ( Punjab)without informing them that investigation has already done by Panchkula police. We were made to visit 3 times to give our statements. The complaint was again rejected. Now I received a call letter from Chandigarh Police that a complaint has been filed by girl's father and I need to appear in Police station for consulling. The divorce case is in process in Karnal court under instructions of Supreme court, since Dec. 2011, but there is no end to police harressment. My query is, can police stations of Mohali and Chandigarh, entertain complaint of person not residing in that area? How can I put an end to this un-lawful act of family of my daughter in law? The main aim of our opponent is to force us to visit their area and phyically harm us. Pl. advise as my family is scared of something grave situation is in store for us.
Ravikant Soni
(Expert) 11 June 2013
The only police station has jurisdction to investigate a case in whose local area the offence is committed. You must get certified copies of previous FIRs along with final reports and submit the same in chandigarh police. And you can move to High Court as well.
Ravikant Soni
(Expert) 11 June 2013
The only police station has jurisdction to investigate a case in whose local area the offence is committed. You must get certified copies of previous FIRs along with final reports and submit the same in chandigarh police. And you can move to High Court as well.
Rajeev Kumar
(Expert) 11 June 2013
Agree with Soni. Move to HC for quashing of case and also file writ petition against them.
Raj Kumar Makkad
(Expert) 12 June 2013
I do differ with the opinion of the experts slightly. As complaints by Panchkula and Mohali Mahila Cell were not found tenable hence no cognizance was taken thereto and complaints were rejected so the question of filing FIR do not arise and thus there is no question of moving to high court.
Te ceertified copies of the previous proceedings should be obtained and be filed with the Chandigarh police with a request to file a case under section 182 against your sister in law as she has misguided the police of Chandigarh.
R. K. Bakshi
(Querist) 28 September 2013
Dear Sh. Makkad ji,
Latest in my list of misery is a criminal case slapped by my daughter in law against me, wife and son u/s 156 and Panchkula court has get the inquiry done by police u/s 202 in which IO has falsely implicate all of us for dowry demand and maltreatment. Court has issued summon for us. Our local lawyer has arranged Anticipatory Bail for us. Sir I wish your opinion, which way we should go? I am 100% sure, the allegations in their complaint is full of lies and we have large number of documents to nail the lies. Will it be advisable to go for quashing of the case in the Session Judge court, or should we approach HC for quashing. Also kindly advise if it is recommended that we should seek permanent bail. I always appreciate your valuable suggestions which are truly heart soothing. God bless you. R. K. Bakshi
R. K. Bakshi
(Querist) 11 December 2013
Dear Sh. Makkad ji,
My son has taken screen shots on his laptop, of chat between his wife and her boyfriend being done on facebook. Please advise if this evedence is addimissible in the court. If any HC or SC judgement is there in this regard, may kindly be informed to me. Regards.
