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Chandan Rai   21 June 2018

498A cases against relatives

hello sir, my cousin brother Dheeraj rai of Sahebganj got married to aarti rai of koderma in 26/11/2014,dheeraj used to live with his mom and dad and younger brother in another house which is 10 house away from us, as we were invited we all went and became a part of his marriage, Dheeraj has lost his dad few months before the marriage, so we participated in his marriage,and her mother arr
anged everything during marriage as we all live differently so we barely contacted each other, now Dheeraj and aarti started facing prob and as of now they don't want to live with each other. dheeraj is a CA and he was working in Kolkata,during the time of marriage, after a year of marriage dheeraj mom also expired, the girl lived for some days in Sahebganj and then lived with Dheeraj, we rarely had any contact with ah dheeraj, we used to hear in bits that his marriage life is not going good,on august 2017the girl family came to sahebganj and all the family members tried to solve it but nothing was solved ,on 8th June my family,my uncle family, dheeraj family, every one recieved a notice from tilaya thana under 41c that a case of 498A has been lodged against all the family members, me my mom, my dad, my uncle her wife, another uncle her wife, and Dheeraj and his brother, we all live in different house which are 10 -15 houses away from each other,we did send our reply to the tilaya thana yesterday(though we got late, we replied in the 15th day hope it doesn't turn out to be bad)
dheeraj has filed a divorce petition on April and she has filed a 498a on all of us on may, on her 4 pages fir the girl has falsely accused us of asking dowry and all and even misbehaving with her.. she has done on all the dates that are Sunday, she has filed that on 6th May 2018 we all came to koderma and quarrelled with her.. but sir on 6th May I was in Kolkata and my dad who is severely since 2014 was in Hyderabad going through his eye treatment along with my younger brother , my dad is not being able to walk on his own,he needs assistance to walk how come he will harass someone and that too he was in Hyderabad and I was in Kolkata, in one allegations she has complained that when her family came to sahebganj to mutually settle on 29th august, we all misbehaved with her but nothing sort of this happened, their family came and that too along with 12 ppl to talk and nothing happened and returned the next day. buy she has told in her fir that we misbehaved with her. above all I was in Delhi on 29th august ,and she has put more two allegations citing dates as Nov 2016 ,I was in Sahebganj but as she has complained nothing like this happened,

we barely used to talk to dheeraj and his family
as of now we are going for a normal bail for my dad and mom as he is severely ill and needs to be operated soon,
I want to bring to your kind concern that the girl family has a criminal background and a lot of cases are going upon his family, we rarely get
worried going to koderma might be risky as his family has a political approach too
what should we do, our lawyer is going to go for a regular bail in 2-3 days in koderma court for my mom and dad and thereafter we will go
I hope that the judiciary might not be influenced and grant us bail


Learning

 3 Replies

Chandan Rai   21 June 2018

Sir ,should I go for quashing, and should I file quashing along with dheeraj or different from Dheeraj

Vikas Tiwari (Advocate)     21 June 2018

What is the opinion of your Advocate(s)?

Since you are living separately and there is no joint or sharing household you may go for quashing of the FIR on you and your family members.

Joint applicaiton with your cousin may attracts difficulties....

Best of luck....

Chandan Rai   21 June 2018

sir my lawyer is silent about the quashing, he will plea for regular bail of my mom and dad and then everyone except dheeraj, will it be okay?

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