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Mayank   13 March 2019

Complaint case u/s 498a 34 dp summons to appear

Complaint case u/s 498A 34 dp summons to appear.

 

My marriage was solemnized on 25 th october ,2013 as per Hindu Religion. My wife stayed for one week there after she went to join the job in other state. After joining the organisation  she taken back all valuable items from me to there working location .  After 5 months from joining date she started asking for mutual divorce with me so i was not ready to give her divorce over the phone she threated me if you are not going to give divorce will file alegation against you my family and there parents also tried to explain her but she not listen to any ones and bloked the phone call of all the members  threated me  over the phone call not to come at my place.
After knowing that she is not going to continue the relationship i send legal notice through lawyer to her address to come and join the materimonial home but no response from her to legal notice. There after i Field RCR petatiion in the court in this case she not apeard in the court any time due that  ex parte is executed. RCR petation is  dissmised and closed with decree sheet to claim for divorce against respondent. 

After one year of the marriage she filed the Divorce case  and complaint case against me and my family members , both case are field on the same date. since 2015 there is no communication and no any metting and  contact with her to till date. 

In divorce case i got summon to appear in the court . i apeard in divorce case after receving the summon  this case is still running since 4 years to till date. Now after 4 years the complaint case summon is received to appear in the court.This summon is not received by me as i left that city  few year back and not residing at present  on that address. This summon is taken by  friends then i got to know that there is complaint case u/s 498A 34 dp. I Taken the certified petation copy of this case and got to know there is prayer to the court to send complaint case to police station for institution of the case under section 156(3)Cr P.C.

In order sheet i got to know that she make accoused 8 members including me  in this case and her complain is examined under u/s 200 C.r.P.C along with 3 witness under the 202 C.r.P.C.In prima facie case is made out u/s 498-A-of IPC and sec 3/4 of DP act against 1 accoused my self only.  There is general omibus allegation against rest accoused persons but witness have not attributed any specific act against rest accoused personsns so there is no any case made out against them.After reading her complain against me and my family member  got to know that she given false complain against me and my family member to make arrest. she given  written and Oral complain only without any evedance copy .

Now I have following  query with this False complaint case  u/s 498A 34 dp how to safeguard myself.

1>The summon is not receved by me what to do next.

2> what is the procedure of this compalint case u/s 498A 34 dp and how long it will goes.

3> Police will arrest the Accoused person during the appearance?

4>If the Accoused person will not appear in this case then what will be the next procedure. .

5> Can Quash this complaint case ,  procedure to Quash this case.

6>Divorce case and Complaint case will be field on that same date ?

7>when can file the defamation case against to  false complaint case .

8>In this case  bail bond is needed  ?

9>In my case 498a 34 dp case is field automaticaly in the court iteself ?

10 >Normally where 498a 34 dp case will be field .



Learning

 1 Replies

P. Venu (Advocate)     14 March 2019

Please try to make a concise posting?


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