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Swastik (Business)     15 May 2012

498 a- quash vs ab

Dear Sir

My in Laws have complained in Lucknow Mahila Thana on 16th of April stating that their daughter is harrassed at her home in Delhi. Infact at that time her younger sister marraige was due and my all relatives came to attend her sister's marraige. Everything went well and we never got this feel that my wife or her parents are unhappy with us. On 21st of April she left our house stating that she cannot stay with us and finally on 2nd may we got summon that we need to come down to Mahila Thana. In between, her father started negotiation with us with a demand of Rs 20 L as an expense of their marraige. We tried our level best to reconcile but they closed all doors and now we continusouly get threat that we will kill you and will make sure that you will be behind bars soon.

We are so scared that though we went to Lucknow but couldnt collect courage to go to police station and finally came back. Our lawyer has read the complain and as per him it was not very strong complaint and with not much evidence hence we must come down to meet with Mahila Thana but keeping in view kinds of threat we are getting and by keeping girl's family background we are scared that the moment we will go to police station, we will be arrested and once I am in police custody, they will harrass my parents and will try demand huge ransome/alumni, which I don't want to go.

I got the proof that girl is having illict relationship outside maraige and my case/eveideces are quite strong but looks like girl's parents have given good bribe to their local station hence we also get threat calls from their local police station. Please note that so far no formal FIR has been lodged but looks like it will happen in next 2-3 days as we couldn't produce in police station. We formally informed the same to Mahila Thana with request to take our statments through phone/VC/ in our Delhi's local police station as we have life threat.  

I need following help/advice:

1. Can't we file a quash of such baseless complaint in Allahabad high court as AB is not possible in UP?

2. If we can or if we can take "stay on arrest", can you please advice me a good lawyer in Lucknow who can file such request in Allahabad high court?

3. Is there any other suggestion, would you like to give me..I am alone and do not have influsential relatives hence at the mercy of our lawyer. Need help to hire a right lawyer in Lucknow who can save me and my family from arrest



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 May 2012

challenge the FIR in the high court

Swastik (Business)     15 May 2012

Sir

 

Thanks but does that means I should wait for formal FIR against me before challenging it. I stay in Delhi and if such FIR would happen then chances are Lucknow police team will come and arrest me from Delhi and I will not get chance to quash it as once I am in jail...my parents would be forced to pay 20L.

Can't I got to Allahabad HC or Lucknow session corut now to take "stay on arrest" or quash or AB?

Thanks

 

Swastik

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 May 2012

1. Why don't you approach the Delhi High Court for anticipatory bail, which would in all probability give you atleast a 7 working days in the event of mahila thana needing your arrest. 

 

2. You can always approahc All. HC u/s 482 for Stay of Arrest as well as quashing of FIR

 

Feel free to email !

Swastik (Business)     15 May 2012

Dear Mr Chugh

 

Thanks for your suggestion. In the same forum on similar kind of request another Lawyer Ms Rakhi Budhiraja has suggsted not to go via this path as AB/Stay taken in Delhi HC would not be acceptable to Lucknow Police/Megistrate hence best way would be to take "stay on arrest" from Allahabad court only.

Certainly Delhi HC is an easy way for us but not sure about it's validity. Can you or anyone else reconfirm the correct procedure to protect in this case.

 

Thanks

 

Swastik

sudharani7 (housewife)     16 May 2012

 

Hi All, I kept 498-A case on my husband and his family, to come out of this case my husband misused my personal photos when I was with him at matrimony home and kept those in prone sites with my name, he took printouts of those and kept case on me as I myself kept my photos in net. Even police were not listening my words as they took much money from them. Without proper investigating police had remanded me for one day, My husband kept condition, if I withdraw my case 498-A then only he will withdraw his case, As we are from traditional family we thought not to make issues as they have my personal photos. We accepted for withdrawing the case, court gave 90 days observation period for 498-A case. Actually my husband kept adds in net as "WANTED FEMALE GIRLS FOR EROTIC SERVICES". As I have proofs of those adds he tried to blame me in this way. I dont want to leave him in this way Can any one help me in this situation.


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