About crpc 98
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
a girl is 19 years, b boy is 25 years, b who is ruffian, antisocial,confirmed drinker,b entice her and coax and keep him away from her parrents coustody, a girl family is well known family, her parrents approach police but pollice says that they cant interfear without court's order. what parrents apply in the court u/s crpc 98? or any other leagle remedy for their girl's coustody?
kuldeep kumar
(Expert) 15 October 2011
starting lines of sec 98 says everything.make comlaint rather going to police.
Raj Kumar Makkad
(Expert) 15 October 2011
FIR under section 366 is best remedy. If police refuses to lodge FIR, file criminal complaint under the provisions of section 200 cr. pc moving therein an application under section 156 (3) cr. p.c. seeking lodging of FIR.
Section 97 Cr. PC can also be applied with executive magistrate.
kuldeep kumar
(Expert) 15 October 2011
gur ji ne to tod bhi bata diya.follow to sound opinion of ld mr makkad
Shonee Kapoor
(Expert) 15 October 2011
But if the girl is of legal age and wants to stay with the guy, in effect you can not do much.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arun Kumar Bhagat
(Expert) 16 October 2011
I agree with Mr.Makkad but I want him to correct his advice to the extent that application before Magistrate shall be made u/s 156(3) Cr.P.C. Section 200 Cr.P.C is applicable in Private Complaint Case. You can not file both applications together. Rejection of 156(3) prayer automatically converts the case unto Private Complaint case u/s 190 Cr.P.C not under 200 Cr.P.c. Sec.200 Cr.P.C is next stage which comes after Sec.190.
Guest
(Expert) 16 October 2011
no chance. you cannot invoke 98 Cr.P.C. because the girl is major if she tells that there is no things as stated by the parents. where will the parents put their faces?
also it is family dispute.
Sailesh Kumar Shah
(Expert) 16 October 2011
I go with Shri Shonee Kapoor and Shri S Ganesan.
Advocate M.Bhadra
(Expert) 16 October 2011
According to age the girl is major, so any complaint by her parent would not be established if she confess her consent u/sec.163 Cr.P.C.Therefore lodge complain u/ sec.98 Cr.P.C.
Ravikant Soni
(Expert) 16 October 2011
It seemed that the girl is major now. If you go with any kind of legal action either FIR or section 98 there would be an apprehension of being girl adverse. She can give statement in favor of Boy.
Action under 98 of Cr.P.C. the magistrate will make an order for the immediate restoration of such woman to her liberty, not to give her to parents custody.
It would rather better to make understand her to return back. If parents has to give her false pretext as to marriage, they should. she could come and then it is up to parents how the manage their daugther to remain far apart from guy.
