Parth Chandra (none) 22 February 2011

406 & 420 - plz help

Hi,

I am facing 498a/125 crpc/child custody/section 97 cases filed by my wife. In all these cases I am respondent and am on regular bail in 498a since a year now. 498a trial has not yet started however chargesheet is filed in mar-2010

Recently I got a call from a police station nearby my inlaws house asking me to come for a statement related to streedhan. I have asked for a time near to this weekend and they agreed. I tried asking for more details but they simply told that your wife has filed case to get sreedhan back and we need your statement.

I talked to my lawyer and he told me that my wife might have filed 406/420 etc. and no need to worry but I have heared that these are non bailable offence.

Just wanted to know from experts on
1) what could be case my wife/in-laws might have started against me
2) what should I do? and what precaution I should take,
3) Is there any possibility of an arrest?
4) any other advice which might be useful.
5) Is these non bailable?

Thanks,
PC

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3 Replies

Shailendra prasad singh (Lawyer) 23 February 2011

first u file and get A.Bail, 406 is bailable but 420 is non bailable, police may arrest you at any time at any place without warrent, after getting A.Bail file a quashing against the offences, sec.406and 420 is not attracting is in ur matter because of u r never induced her to deliver stridhan to you. the main ingredient of the offence is the person so deceived was induced to do so, which u r not. it is a simple course of marrige when father gives some gifts such as ornaments, TV, etc. to his daughter.

if u want any further please mail me at disputesolvers@gmail.com

Parth Chandra (none) 28 February 2011

Hi All,

In a new development, I went to concern police station and given my statement. Hence I could see the complaint and came to know that it is under section 406 & 114 and I am the only respondent.

1) can anyone please let me know if arrest can happen even if I went to police station and given my statement (i guess under 202)?

2) How would I know about the further proceedings as I haven't received any summons etc?
3) How would the case proceed now onwards?
4) Any citation which might be useful to counter her baseless allegation of streedhan?

Thanks in advance,
PC

Advocate Anuj Anand (Advocate) 01 March 2011

firstly let me tell you both 406 and 420 are non bailable. get anticipatory bail. if ur the only resondent then how come 114. if no FIR is lodged you wont be arrested. more over there is delay so it can be presumed that the complaint is after thought.

no 202 is postpone if issue.

the police is still investigating the case (sec 156 Crpc) so you wont get summons from court but yes you mignt be asked to join investigation by police.

there are many citations in RCR (Criminal) 2009 and 2010 ask ur advocate to