False 498a going to be filed by my wife in up
Rahul Mendiratta
(Querist) 18 December 2012
This query is : Resolved
Hi,
I am a working men in Pune. My wife from U.P left me around 2 months back for enquiry by police for theft of the jwels during her travel to Pune with her father. She was giving me excuses when asked to come back like festival and her exams.
Recently i got a call from police in UP saying that she had lodged a complaint about me that I was beating her and asking for dowry.
This is not at all true. I was a responsible husband and trying to retain her even after loss of 3-4 laks worth my Jwellery.
Please suggest me immediately what I shd do now as they will surely file a FIR against all my family members and ask for a huge sum of money which I dont have. My in laws are aware about pros and cons of this case. She looks not willing to reside with me.
Pl help ASAP.
ajay sethi
(Expert) 18 December 2012
contact a local lawyer . f your wife does not want to stay with you ask her for divorce by mutual consent .
as far as police case is concerned your statement wil be recorded by police in UP . apply for anticpatory bail if FIR is lodged
adv. rajeev ( rajoo )
(Expert) 18 December 2012
You can apply for the AB in pune to avoid the unnecessary harrashment by the police.
Nadeem Qureshi
(Expert) 18 December 2012
Dear Rahul
no need to worry, first of all you should contacted a lawyer get the information that in which sections the FIR had registered against you and your family and what are the allegations.
after getting this information try to get certified copies of the documents like FIR or other relevant documents as medical certificate etc. and after pursuing all these documents if it seems that this is a false case against you and you have strong evidence or proof in your favour against them you can go for quashing before HC or for arresting stay u/s 482 Cr.PC.
if they demand huge money and given threat to you or your family member you have right to file a criminal complaint against them u/s 383, 384 of IPC as per the case.
Feel Free to Call
Devajyoti Barman
(Expert) 18 December 2012
First apply for bail. Once that is done half the battles is won.
There after you go on fighting the case on merit.
R.K Nanda
(Expert) 18 December 2012
no more to add.
Raj Kumar Makkad
(Expert) 18 December 2012
Nothing seems to be added as the same shall be just a repetition.
Rahul Mendiratta
(Querist) 28 December 2012
FIR has been lodged by my in-laws and also false allegations published in local news paper.
Court is closed as of now and we will get certified copy only after courts are opened again next week.
My question
1. Can we apply for stay on arrest in U.P using FIR copy?
2. What will happen next?
Arrest,
Mediation by police,
Mediation by high court
Raj Kumar Makkad
(Expert) 29 December 2012
1. No. You cannot obtain stay order against arrest in UP but definitely you can go to high court seeking quashing of FIR and if court is satisfied, it can order accordingly as desired.
2. Arrest follows after lodging of FIR if IO comes to the conclusion to do so.
Rahul Mendiratta
(Querist) 28 January 2013
Thank you Sir for your reply..
I have come to know that in UP there is a direction from HC that before arrest there should be mediation between the parties.
In my case police has called me several times to go there and talk to them but I have not received any kind of written notice so I have not gone there.
1. Should I go there and meet them to talk for mediation?
2. If mediation fails which is likely to happen can I be I arrested immediately?
3. Is it wise to go there and surrender in front of court?
4. Shall I get the regular bail for all my family members even I am the only one who goes and surrenders?
ajay sethi
(Expert) 28 January 2013
no harm in going for mediation dont wait for written notice . behumble and show your willingness to reconcile .
Raj Kumar Makkad
(Expert) 28 January 2013
There is no definite answer to your subsequently raised queries as all depends upon many factors but it is better to take part in mediation and if it fails, arrange bail which generally is provided to the family members on the same day if the allegations are not so serious.
Sudhir Kumar, Advocate
(Expert) 28 January 2013
genesis of problem is not understood it is not clear what do you mean by "My wife from U.P left me around 2 months back for enquiry by police for theft of the jwels during her travel to Pune with her father."
Rahul Mendiratta
(Querist) 30 January 2013
Actually in June, 2012 she came from her native in UP to my place in Pune with her father. After they came, her father decalared all the jwels they were bringing got stolen during journey.
They were not ready for registering complaint. After much pursuasion she filed complaint and FIR got registered in GRP Pune. GRP sent the FIR to Delhi since she suspected in FIR that the theft happned in an auto in Delhi.
I got an enquiry notice from Delhi Police and she travelled from here in Oct, 12. I asked her many times to come back but she gave excuses.
Finally in Dec, 12 she lodged false FIR in UP against me and my family.
I doubt they have intention to reconcile and have greed of only money by threatening me.
ajay sethi
(Expert) 30 January 2013
engage a lawyer in UP . obtain copy of FIR lodged by your wife .
Sudhir Kumar, Advocate
(Expert) 30 January 2013
You said :-
"Actually in June, 2012 she came from her native in UP to my place in Pune with her father. After they came, her father decalared all the jwels they were bringing got stolen during journey.
They were not ready for registering complaint. After much pursuasion she filed complaint and FIR got registered in GRP Pune. GRP sent the FIR to Delhi since she suspected in FIR that the theft happned in an auto in Delhi."
Now the genesis of problem is understood.
It was her stridhna (not your) which was lost by her and she decided not to report to the police. Her stand appears justified because you know the fate of police complaints in jewellery theft case (particularly when the place of loss is uncertain and more than 24 hours have lapsed). It takes 10 minutes for a thief to get the jewellery melted. But you insisted on Police complaint. When a Govt property is lost from Govt employee the department insists upon police complaint. You forced the complaint and it appears jwellery is still not traced.
You also said that :-
I was a responsible husband and trying to retain her even after loss of 3-4 laks worth my Jwellery."
You say "my jwellery" while jewellery is not of husband it is wife's property and it appears that at the back of your mind you felt as if doing a favour by keeping a wife who has caused financial loss.
The hot arguments for persuading her for police complaint are apparent even if you do not say so.
However so fat you did not get jwellery despite police complaint which you thrust upon her. When you were more interested in complaint she gave the complaint with withdrawn herself from your company.
So This is material coming out of you version. When her version is heard by independent body then more materiel against you will be there.
You have no choice but successful mediation even if you have to beg for mercy.
Sitting at Pune and attending frequent hearing of criminal case at UP (with all family members named) is not a joke. Plust you also have to pursue futile theft complaint at Delhi as well. It will cost you nearly the same amount which you said is lost by theft of jwellery.
You please attend the mediation meeting with a clear mind (i) on which points you are guilty. (ii) you are not getting the jwellery back (iii)
Get the peace.
I am sorry if I have hurt any expert who advised him (based on half facts) that he should fight back.
Rahul Mendiratta
(Querist) 31 January 2013
I am sad to see that you concluded me "Guilty" and her actions as "Justified" assuming many things, one of them being me pursuing her for FIR. I dont write liteture and I may not have used the word correctly.
No body will have doubt that she and her father have conspired of "Her" Jwels theft which can't be true as the bag and lock was intact.
Later when she went from here for enquiry she was not ready to come back even after I requested her many time.
This is reasonable for a lady to decide not to go back to her husband's home and giving false complaint about him just because he asked her to register FIR.
I know the path is a tough one and I'll be in trouble. But I know I am innocent and have not asked any dowry or beaten her as she has accused me and my family in FIR.
It would be a question on my integrity to accept the charges and give in to her unreasonable demands.
ajay sethi
(Expert) 31 January 2013
query is hereby resolved
Sudhir Kumar, Advocate
(Expert) 31 January 2013
It was her jewellery my dear, it is "stridhan' not purushdhan".
My observations have come out of your description only. Your wife's description may be harsher.
You have probably come to this site not for hearing the words which your ears like. I believe you have come to this site with intention of minimizing your miseries.
Raj Kumar Makkad
(Expert) 31 January 2013
Even if the jewellery was istridhan, a FIR of loss during traveling was must which you got lodged. had it not been got lodged, your wife might even have alleged appropriation of that istridhan from your side means she might have even lodged FIR under section 406 IPC against you and in such circumstances, a free license might have been given by her in the hands of the police to search your house and seize even your belongings so it was a good step on your part to force your wife to lodge police report.
So far as reconciliation is concerned, you should take part therein.
Rahul Mendiratta
(Querist) 12 February 2013
Dear Experts,
I appreciate words of advice/opinions from each one of you.
I apologize for unintentionally hurting anybody's feeling at this forum.
I also support "Men's basic rights to live peacefully" which seems to have been lost in today's society and from mindset of common Indian irrespective of gender.
Anyways, I had gone to 1st mediation date and faced her since she left me and filed a false complaint thereafter against me and my family all innocent.
She talked to me very harshly and accused me again for all false things. I maintained calmness and politeness throughout the mediation and tried my best to convince her.
She was not at all ready to listen to me and I could clearly see that she was not willing to be back with me due to unknown reasons. Even her father abused me and my family after mediation was over.
Counselor observed this and gave us another chance to reach a compromise thru discussion.
Please suggest how I can prepare my self to prevent arrest in case she fails the mediation next time.
Rahul Mendiratta
(Querist) 13 February 2013
As far as I know there is no provision of AB in UP.
Rahul Mendiratta
(Querist) 21 February 2013
Now my wife has changed her statement in earlier FIR for Jwellery theft.
Now she has accused other family members including my Father, mother, Bro and Bhabhi.
This is under invetigation.
Please suggest what would be the best thing to do now.
