Fir u/s 406 & 498a of ipc
raj
(Querist) 04 January 2014
This query is : Resolved
Dear Sir,
Thanks for your support extended to me. I have one more query as per details given below:-
My brother's wife is fighting Divorce Case in Family Court Dwarka. she has been living in Delhi separately from us for last 9 years while we are living in Haryana. Additionally,she has also got registered FIR against my brother, me and my mother u/s 406,498A on 03.05.2013 on which charge sheet is pending. Now both parties are deciding to go for mutual divorce and get the FIR quashed by Delhi High Court on the basis of decree of divorce. But the police has some expectations from us which we are not able to fulfill. As a result, we have following apprehensions:-
1. That immediately after signing of first motion of mutual divorce, police will prepare chargesheet and produce the challan in the district court without waiting for second motion of mutual divorce which will be filed within 6 months from the filing of first motion. I want to know how can we stop the police to proceed further in the matter of FIR, Can we ask the the Family Court to issue directions to Police not to proceed further as divorce proceddings are in progress in the Family Court.
2. I think that police is bound only by the order/directions of Court and mere producing an attested Mutual Divorce Agreement will not restrain the police to proceed further inn the matter of FIR. We can not obtain directions from High Court as that Court will be involved only after completion of mutual divorce proceedings. Further, if the police produce challan in the district court, I think we will be required to get stay orders from Delhi High Court to stay the proceedings in the district court till mutual divorce proceedings are completed inn the Family Court.
Kindly provide the necessary guidance as we have every anticipation that that police will not wait for another 6 months till award of mutual divorce decree as a period of 10 months has already expired since 03.05.2013 being the date of registration of FIR.
Please furhter guide can a wife frame false allegations against her in-laws which she claims to happen 14 years ago while she is living separately from them in Delhi for last 9 years and her inlaws are living in Haryana. will the Criminal Court take cognizance of the 14 years old false allegations without any evidence/witness which have been framed just to harass the inlaws.
Thanks and regards
Nadeem Qureshi
(Expert) 04 January 2014
Dear Raj
no need to worry, if the police file the charge sheet then after sumbit the chrge Sheet then court issue the suumon to all the accused.
after that the court supply the copy of all the documents as required u/s 207 of Cr.PC. and give next date for argument on charge.
after that when both the parties are ready to settle the matter then approach for mediation. the court fix the case for mediation for next date. try to settle the matter in mediation and get dates from the mediator.
till the the time will be completed for first motion and file second motion and quashing petition before HC.
(When both the parties are ready then police can not do anything against you).
Feel Free to Call
Devajyoti Barman
(Expert) 04 January 2014
1. Why, submission of CS would help you to end the litigation faster.
Since FIR is registered the case will have to be mutually quashed from High Court.
Id CS is filed then it would be easier for you to end this.
ajay sethi
(Expert) 04 January 2014
agree with experts
Rajendra K Goyal
(Expert) 04 January 2014
Well advised by the expert, filing of CS may expedite the litigation ending.
