Rcr/dvact/withdwal & compromise,again police complaint
pawan
(Querist) 06 June 2012
This query is : Resolved
respectable experts.i had filed rcr 1.5 years back 'in return get sec 24 & dv .provide maintaince in sec 24 for 1 year.two kids(8 and 2.3 years).both parties had withdraw cases on 31 may 2012 after a compromise.but even after wife not returned back.i came to know that she had given a written complaint in p.st. on 25 /5/2012 against all my family members for harrasment.now they want something in written at p.st.i explained to I.O.everything & said we get compromised at court on 31/5/12 so this complaint is no more sustainable but IO is pressurising for written agreement at p.st.what should i do? how should procced?????thanks
Devajyoti Barman
(Expert) 06 June 2012
Is there any written agreement between you two.
If yes then refer the same to the Police.
The compromise petition/agreement is not for eternity and on the basis of any subsequent development/crime fresh complaint can always be lodged.
pawan
(Querist) 06 June 2012
thanks adv.barman.we both individually stated & signed withdrawal application in court stating "we got compromised and do not want to procced." there is not any fresh incident.she filed complaint on 25 may(before case withdrawal and compromice signed).what should i do now??
Devajyoti Barman
(Expert) 06 June 2012
The do not worry. Refer the application ot the Police.
But still the FIR is registered then go for quashing in the high court.
After withdrawal of allegations no fresh case on the same cause of action could be filed.
Do not worry.
M/s. Y-not legal services
(Expert) 06 June 2012
yes.,
since that complaint is earlier than the compromise before court., its liable to be quashed.,
-tom-
pawan
(Querist) 06 June 2012
no fir yet,just for pressurise.i submit the certified copy of court documents to IO.and said i will not give anything in written to you.
Adv. Chandrasekhar
(Expert) 06 June 2012
Mr. Pawan, you are correct. get a certified copy of the court order and file it before the police station. In future if they file FIR, keep the certified coopies of this court order and use them for the purpose of anticpatory bail. If technically seen, the agreement reached between the parties pertain to RCR case, DV case and Section 125 case and not Section 498-A. It appears to me that the complaint was dated 25.5.2012 and the agreement was dated 31.5.2012, now your wife might not be insisting for the follow-up of complaint and it is the brain-child of the police authorities to milk something from you. So ask your wife to withdraw the complaint dated 25.05.2012 in view of agreement dated 31.05.2012.
pawan
(Querist) 06 June 2012
adv.chandu,thanks.my wife side people themselves pressuring police,because DSP is their known.IO was agreed with my arguements.and not called me again.but still my wife & her mother are adamant .
Adv. Chandrasekhar
(Expert) 06 June 2012
Then there is more possibility of registering FIR. So get certified copies the court order dated 31.05.2012 for the purpose of anticipatory bail / regular bail.
Shonee Kapoor
(Expert) 06 June 2012
Just give the certified copies in the PS.
Also, give an application u/s 151 CPC in the court, if need be to give directions to the complainant to withdraw the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
pawan
(Querist) 06 June 2012
thanks to all experts
pawan
(Querist) 26 July 2012
respectable members,i deposit the certified copies to i.o.no case is registered.but wife is neither coming back nor ready for m.c.d.total dissertion is 2.4 years.i have no other option left beside to file for divorce??suggestion please??
