Regarding FIR under section 498A
Querist :
Anonymous
(Querist) 12 May 2010
This query is : Resolved
My younger brother stays at New Delhi and her wife run away from her matrimonial house and went to the parents house at Gurgaon and her father served a legal notice to pay high amount of money which spend on her marriage.
Please inform whether her wife can lodge dowry harrassement u/s 498 A case at Gurgaon Police station?
Please inform whether Gurgaon police can investigate the case despite of fact that my younger brother matrimonial house is located at New Delhi?
Please inorm whether arrest will be made by the Gurgaon or Delhi Police ?
Pankaj Mehta
(Expert) 12 May 2010
You missed a good opportunity, as soon as ur brothers wife left the home, ur brother should have served a notice to her, if this fact was previously known to you, as this notice would helped u as a defence doc, anyways ur bhabhi can definately lodge a complaint u/s 498a, during investigation you should conveince investigating officer stating demand of huge money by her parents and other relavant facts.
ur queries about jurisdiction are worthy nd weighful but as per section 178 of Cr.P.C., both of the police station will be having the jurisdiction to investigate,
you can adopt a remedy u/s 482 of Cr.P.C., in case of filing of such complaint, for quashing of such FIR by invoking the inherent powers of Delhi high court.
