My wife has filed a false FIR on me and my parents u/s 498A & 3/4 of Dowry Prohibition act on 26.04.2018 in relevant Police station of my home who did not listen or called my proofs of being innocent while registering case. post which after 15 days on 10.5.2018 Inspecting official (IO) has taken mine and my parents sign on notice for not arresting. However copy of notice or date of bail hearing was not provided to us and we are told that IO will inform us date to present in court and get bail.
After above signing on notice we contacted IO 2-3, times for giving us date of hearing however he told us that he was busy in some other stuff and on 22nd May he asked me to present in Parivaar Kalyan Samiti office. when i attended captioned office he confirmed that my wife has not come hence i need to be present in Parivaar Kalyan Samiti office on next date i.e. 30.5.2018.
Below are my queries to learned professionals , kindly help me.
1. As i understand from news paper appearance in Parivar Kalyaan Samiti should be before lodging of FIR however i am being called after registering FIR , is this a procedural formality being done by IO /Police or there can be negative consequence Eg. addition of name of other family members or addition of sections or please advise if there can be any Conspiracy by my wife and her family ?
2.After finalization of FIR from Parivaar Kalyan Samiti , can Police arrest me and my parents ? (As understand currently they are giving us benefit of recent judgement to not to arrest directly in case of 498A or DPA 3/4) , or IO will ask us to appear on relevant court on given date for hearing on Bail.
3.As FIR has already been lodged , Does Parivar kalyan samiti has power to remove name of at least my parents ?
4.If they can arrest one out of three accused , can one get bail?
5.Considering above situation is it ok if i go for regular bail hearing or i should go for Anticipatry Bail.
6.Any other advise ?
Background : I was married to wife in Feb 16 ,My wife was having issues to take homes responsibility and had un-genuine demands including telling me to leave my parents and then she left my home on November 16 , when i tried to contact her she threaten me and family to put behind the bars as i was afraid i recorded call and informed in writing to Police stations of my and her cities (Copies are available with me) in January 17. There after i attended all hearing of case filed in parivar paramarsh kendra of her city wherein she shown readiness to come to my home however i wanted her to give assurance for future and accept her mistakes in writing so as to safe gaurd my family however as same could not happen, case was closed in August 17 . in April 18 my wife came without intimation along with her family and while discussion called police going out attending a call than also i informed SP and IG office in writing for incident post which after 2 days of my letter to police wife filed FIR u/s 498 A & 3/4 of DP act.
