how to speedup police investigation in 498acase
ashoksrivastava
(Querist) 09 July 2012
This query is : Resolved
Dear sirs my wife has filed false 498a/406/323 case after 16 years of marriage at her parents place viz.pune our matri monial home is at bhopal. I have filed rcr at bhopal after filing of 498a she has filed for divorce under section 13 at pune after filing of rcr I am expecting AB from high court within a fortnight or two. kindly help me in 3 queries
1) my lawyer says we should file for quashing of fir after AB. Is there any merit in it or should we straight away file for quashing?
2)after AB do I have to go to pune as and when I/O calls me or are there any guidelines for police to complete my part of investigation in a single go since I need to take leave and travel from bhopal
Is there anylegal remedy to force police to not to call me repeatedly .I am sure my inlaws will use police to harass me by protracting investigations and forcing me to make frequent trips.police will also try to make money from me by calling me repeatedly.
3)recently my inlaws told mr that we can convert it into mutual divorce.
I don't want to divorce but can't withstand the ordeal of long tial kindly advice me on what should my strategy be?
Guest
(Expert) 09 July 2012
1) Seek AB first. After AB is obtained you can rest assured that you won't go to jail. Quashing happens in a very exceptional case if the FIR manifests a mala fide intent. No opinion, as such, can be given without seeing the FIR.
2) Once AB is granted it is your duty to join the investigation. You have to go as and when the IO calls you. Don't pay a single penny to the police. Police cannot cancel AB after it is granted.
3)You alone can decide.
Devajyoti Barman
(Expert) 09 July 2012
1. Going for quashing the FIR is always a very prematured affair. Wait till the submission of charge sheet and quash it once it is submitted.
2. You will have to go to Pune when IO calls you or on such other time as the court directs you till your bail gets confirmed by the trial court.There is no way one can make money if you refuse to pay the same.
3. You neither want settlement not trial, then I do not have any reply for this query.
Adv.R.P.Chugh
(Expert) 09 July 2012
Though little remains to be said after the aforesaid advice, I can just tell you not to give in to your in laws extortionate tactics, once you get an AB the worst would already be over, after that as per the case made out in the FIR - decision as to quashing can be taken. Once it is quashed then you would be saved from the rigmarole of a protracted trial rather you would be able to institute counter cases against them as well.
ashoksrivastava
(Querist) 09 July 2012
thanks to all the esteemed experts for your valuable advice
