Harrassement from wife & in laws
kewal
(Querist) 31 March 2014
This query is : Resolved
Dear sir / madam.
My wife filed domestic Violence under Sec. 18, 19, 20 & 22 Agst. Me & 7 members of family in August 2013. She also filed Sec. 125 Maintenance case on me. I have filed Sec. 9 on her. Now she filed Private 498a Agst. me & my family members under Sec. 498a, 504, 506 & 34. the process is issued as per order no. 202 & 204. One of our family member got summons of it. I couldn't understand what is Private 498a, which orders will passed in this case, & does cops will arrrest me & my family members as per Sec. 156 (3). Kindly help me about that as early as possible.
T. Kalaiselvan, Advocate
(Expert) 31 March 2014
The wife side complaint with the police would not have been entertained by the police for the reason that she has already approached the court with many other cases against you, hence aggrieved over the police ineffective action on her complaint, she has approached the JMFC with a petition u/s 156(3) seeking its direction to the concerned police to register a FIR against you all and on this petition, the court would have sent notice to you to appear before the court to record your objections if any, to the petition.
Devajyoti Barman
(Expert) 31 March 2014
What exactly so you want to know? If 498A case is initiated then first get bail and then fight it out on merit.
Guest
(Expert) 31 March 2014
Agree with Shri Devajyoti.
Rajendra K Goyal
(Expert) 01 April 2014
If 498A filed get bail and defend yourself on merit of the case.
Nadeem Qureshi
(Expert) 01 April 2014
Dear Querist
as per your query it seems that she filed a private complaint against you and your family under section 200 of Cr.P.C and the court issued summons against all of you to appear before court.
first of all you have to file bail application and after that you have to right the file discharge application before court if you have any evidence in your favour.
you can also file a quashing petition before HC against the summons.
feel free to call
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
Better consult your advocate and move for anticipatory bail before it is too late.
kewal
(Querist) 01 April 2014
Acrtually I'm worried about arresting me & my family members without any investigation or warrent. My lawyer said that there is nothing to worry about arrest. Its private complaint, hence no arrest will be there.Is he true? He also told me that we should apply for bail application at present. what precautions is need to be obtain by me at this stage.Once I got bail, then cops will arrest me in future? kindly help me in this regard.
Nadeem Qureshi
(Expert) 02 April 2014
Dear Querist
once you got the bail police can not arrest you without court warrant. so faith on your advocate and do the need ful
kewal
(Querist) 02 April 2014
Thank you much to all those, who concern to my query especially thanks to nadeem sir you gives more useful information to me.
kewal
(Querist) 12 April 2014
Dear Experts,
Thanks to all of you, finally I have got regular bail for me & my 7 other family members agst
. private 498a, 34 from district court.I would like to ask detailed about quashing 498a. The judge already removes sec.323, 504, 506. Can any threat arises just like 156(3) or arrest warrant, police custody? Now, what actions or precautions could be obtained by me?
kewal
(Querist) 12 April 2014
Dear Experts,
Thanks to all of you, finally I have got regular bail for me & my 7 other family members agst
. private 498a, 34 from district court.I would like to ask detailed about quashing 498a. The judge already removes sec.323, 504, 506. Can any threat arises just like 156(3) or arrest warrant, police custody? Now, what actions or precautions could be obtained by me?
Devajyoti Barman
(Expert) 12 April 2014
Once complaint case is registered, no police case on same incident is possible.
