498a/406 in delhi

In Delhi, once any one  complaint regarding 498A/406, the same complaint is sent to CAW Cell first, which investigate the matter and tries to reconciliate. On failure to do so, the complaint is sent back to PS for registration of FIR.

Although, if you have not done any dowry harssment you need not worry much. But, in such cases it is always advisable to have detailed discussion with your advocate being 498A is non-bailable offence, hence police have power to arrest.

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Thanks Gautam

There is no physical abuse or dowry demand but definitely she can cook any story as is with other people.

It is very sure that girl is not willing to come back so there is nothing left for reconcillation or mediation.

1) So in such a scenario, if they file 498a/406, will that be forwarded to CAW considering the girl is adamant for not coming back and do not want any kind of mediation? Will that still be transferred to CAW?

2) People suggest to send letter to police about wife desertion and your fear of false case. Will that be of any use in AB or further proceedings of court? As any husband (whether innocent or criminal) can send such a letter to police and take benefit of that so will judge conside such a letter and take it in a positive manner?

3) I went to police station with such a letter and asked them to give me recieving and requested them to not take any action but they refused to take such a letter and said that if such a letter is presented to them they will definitely enquire the case and that can spoil the things. So what should i do? Can I only wait to file or cook any false case? I do not want to file RCR as it won't be of any use as she is adamant of not coming back.

Please share your view.

The case would go to CAW this is the way it goes here in Delhi as this would give a chance of reconciliation and also a chance to you to prove your innocence or arrive at a resolution.

The letter that is suggested is very important it can be just given at the receiving counter which would give a stamp. This protects you from the line in the FIR that wife was thrown out on --  day by you this letter makes you prove that you gave a letter in police station that she left on her own. 

hello,

take AB  from the court if there is apprehension of cases.

when FIR will be registered you u will b informed by repective police station.

DV complains are filed in CAW cell.

record the threat calls from other side as they will be useful at evidence stage.

read the safeguard document prepared by Mr. Shonee Kapoor.

regards-

rahul.gogreen@gmail.com

Dear Querist

no need to worry about it, with cociliation the police can not registered any FIR in Delhi, secondly if they registered any FIR against the person, it is mandatory to issue a notice u/s 41 A of Crpc, if the person/accused appear before the police officer or IO he will be taken all the step legaly and do the need ful as he think fit as per law.

Nadeem Qureshi (Advocate)

email address: nadeemqureshi1@gmail.com

web:http//nadeemqureshi498a.webs.com

Mob: +91  9953809956

           +91 8802305262

All the complaints which relates to such matter goes to CAW first for conciliation and investigation. Hence, the same is bound to go there. If they issue you any notice you should appear there.

As far as AB is concerned, to remove all kind of apprehension of arrest, you can have the same as in many case if conciliation fails, such risk arises.

Regarding any letter that you intends to give to police, it all have no much value. You can file suit for RCR under section 9 of HMA, if you want your wife back at home.

But, normally this helps in case the same is moved before her complaint. Further, soon after she left you could have informed police that she has gone on her own wish along with all her ornaments. But, don't try to send such letter after long gap.

There can be number of legal cases, you will be able to put pressure on her, but nothing is required right now.

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I do not agree with RCR part. even if its moved b4 498a application, this is not a shield, nor does it protect in anyway. Rather it creates much mor etroubles apart from provoking the girl 2 do some adventure on her side.

So, sit tight. when u get a cal from CAW cell, move court to take AB

Hi Guys,

Thanks for all replies.

My only concern was that :

(1) If there was no injury, no dowry demand (she can cook anything which I hardly care)

(2) She has left matrimonial home 7 months back.

Concerning all above, can they let me arrest without me even getting a hint?

I just wanted to understand the scenario in Delhi for such cases?

But with the help of above views, I have realised that things will definitely go to CAW (even if she is not willing to come back and don't want any talks) and thus I wil get to know that WAR has started.

right, war has started,

now what shields you have and what ammunition you posses to fight back only matters.

All the best,

hello,

they will not arrest you anyway. its advisable that you take AB from court to avoid arrest.

and then fight your case on merits.

regards-

rahul.gogreen@gmail.com

In delhi, sudden arrests are alomost non existant. Attend SIFF meetings delhi every saturday