MIS (Student) 19 May 2013

False case of abuse and harrassment

Hi Guys ,

My brother is in deep trouble,Sat down to seek help from you guys .His (brothers) wife had been a b*tch from the last 6 months and my brother being a down to earth person/very calm couldnt collect enough proofs against her and one day when he(my brother) saw her going out with her boyfriends in the middle of the night and questioned her about it.She threatened to kill him and said she can do anything and He should not question her.After a few arguements the next day she left his place with all the assets(jewellery) and filed a complaint against him saying that he has been harrassing her with all my family including me.When we went to their local police station the officer said it is a written complaint and no FIR has been filed and said will be counselling us.After a Gyan session..he directed us to DCP we attended to DCP session and my brother said will accept her back if she stops/changes ger behaviour.

My Question :

- Is my brother right in what he is doing?

- What if she comes back and slaps a case again on him with all my family members as she did this time ?

- What would be a correct step to take ?

- Neither of us have been arrested but I was informed to come and sign on behalf as the case has my name too.Is this right?

Im not sure what would be the right step,The Lawyer simply said file a case and fight it.Is there anything my brother can do in this case.

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11 Replies

Rahul Kapoor (Legal Enthusiast) 19 May 2013

hello,

do not go into litigation untill circumstances are so.

talk to them and try to reach at a solution .

if your brother ready for divorce then try for MCD.

and the most imprtant part is be calm and have patience.

1 Like

Shantanu Wavhal (Worker) 20 May 2013

- Is my brother right in what he is doing?

for the purpose of police counselling, ur brother should keep saying - i m ready to take her back. but actually its not worth & also dangerous to take back such a wife.

- What if she comes back and slaps a case again on him with all my family members as she did this time ?

this is very possible thing. There are NO preventive measures.

- What would be a correct step to take ?

either file for divorce / do nothing on ur own. u may cross the bridge as and when u come across one.

- Neither of us have been arrested but I was informed to come and sign on behalf as the case has my name too.Is this right?

the signature might be asked for as u attended the mediation process.

Im not sure what would be the right step,The Lawyer simply said file a case and fight it.Is there anything my brother can do in this case.

nah ! nothing ! no prevention except fighting the injustice and getting acquittal.

1 Like

Vinayak (self) 20 May 2013

beautiful replies Amit

You are doing a great service

may God bless such souls who help others

--------------

regards

Vinayak

1 Like

Shantanu Wavhal (Worker) 20 May 2013

vinayak,

i m blessed with 498a - 406 - 323 - 504 - 506 - 34

did Harey - Ram ... Harey - Krishna in police lockup for 1 day with my family.

i m just sharing my experiences with others, in the same boat.

1 Like

syed faisal (not working) 20 May 2013

@ AMIT SIR.....

Dear Sir,

I have filed a RUKHSATI case(rcr) on my wife she lives saprate her parental home from last 5 years in other state.

After full of mentally harassing 5 years i have taken last decisin that i have send a TALAQNAMA from from registerd QAZI.

so my question is:

HOW CAN WITHDRAW THE RIKHSATI CASE OR I DONT ATTENT ITS HEARING SO IT WILL AUTOMATICALLY WITHDRAW BY COURT.

PLZ SUGGEST ME

Shantanu Wavhal (Worker) 20 May 2013

if u dont attend, the case will be dissmissed for detault.

u can also file a pursis in the court stating that u want to withdraw the case.

u have both these options

PS : i m not expert on Muslim Personal Law.

MIS (Student) 20 May 2013

As my brother kept saying he is ready to take her back.They are now saying that they want a written assurance of their daughters safety and they want the entire family to sign on it.

My questions :

- Is it legal to do so ?

- If we dont do it, they`re saying they wont send their daughter,Now what happens to the complaint ? Wil it be filed in the police station as the negotiation/mediation didnt go well?

- If so will my brother and family be arrested?

Pleeeeease Help with your kind replies

Nandha (NIL) 21 May 2013

@ MIS,

Do not give anything in writing. Tell them that your brother will take good care of her.

Shantanu Wavhal (Worker) 21 May 2013

dont sign any such agreement.

this lady will file FIR now / sometimes in future.

kab hoga ... kaise hoga ... instead of breaking head ... ho jane do ! then no tension.

if 498a FIR is filed - the accused will be arrested.

the police have to produce the accused before magistrate within 24 hrs.

further, no female accused can be kept in custody after sunset till sunrise.

instead of keeling in front of that Pyasi Chudail, make a trip to jail once.

Its nothing more than sitting in a movie theatre without a screen (W/C attached) !! nothing else. (atleast i felt so when i was INSIDE ... that was the first day i got full day time for myself ... i did meditation ... )

getting bail is right.

denyal of bail is an exception.

once u get the bail, the worst part is OVER.

after that let the trial go on for eons together.

the Typical Indian System wont treat the wife different and then she will realize her own mistake.

Shantanu Wavhal (Worker) 21 May 2013

PS. :

everywhere, it takes 1 month to do the job of 1 min.

lethargic sloths stuck to chair everywhere.

kisi ko paisa mat khilana ...

What is the 498a trial sequence (step by step)?

This sequence is applicable to all kinds of trials. But I am referring as sample for 498A trial as people here are concerned with this. This is 'Police Warrant' case i.e. instituted on police complaint (complaint given by 'Informant' i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.

3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC').
Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is
given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time - no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say - not guilty. Check the charge sheet - it is also called 'Final Report' - there should be a table showing list of witnesses and documents - many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

(This stage must be completed for 'malicious prosecution/perjury/falsity etc upon oath '- damages under civil suit can be had for limit Rs.50,000.)

10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Then accused are examined by magistrate u/s313 Cr.P.C. (Many people even advocates do not know special characteristic features of S.313 of Cr.P.C. which I am giving below for legal knowledge of members :S.313 of Cr.P.C. is the examination of the accused by the court. This takes place after the prosecution closes its case.
* The Examination of the accused is NOT ON OATH.
* Neither the prosecution lawyer (the prosecutor - APP/PP/Watch advocate) can cross examine an accused.
* The essence of examination of the accused by the Court is that the Court gives opportunity to the accused to explain circumstances appearing in evidence against him.
* THE ACCUSED CANNOT BE CONVICTED FOR GIVING FALSE ANSWERS TO THE COURT QUESTIONS, EVEN IF THE ANSWERS GIVEN TO THE COURT ARE PROVED TO BE FALSE. But it could affect credibilty of the accused.)

13] Then PP gives argument, then accused's advocate gives atgument.

14] Enjoy - Now order - acquited (in case of acquital).

15] Detailed written order is given after few days.

Source : Lawyer's club India.

1 Like

MIS (Student) 17 June 2013

As they kept asking for Signatures and we kept denying.They seem to have submitted a report and FIR is being filed tomorrow.In the mean while as suggested by you guys.I`ve consulted a lawyer,he says will take it up from tomorrow.had a few questions in this regards.

My brother avoided us to be at the Police Station and said he will handle it alone as everybody might have to be inside the police station today and he has went there alone with one of his lawyer friends.

after sometime when I called my brother his cellphone is switched off and I called up his lawyer friend,He says they have put him inside the cell.

My Questions :

- How many days is the arrest in this case ?

- All our family are ready with bail papers as suggested by lawyer saying he would get a bail for all of us(something like Anticipatory bail).Is this true that my family doesnt need to attend the police station,and get a bail ,like the lawyer said ?

- Im assuming the Next action for us is to take the lawyer to the Police station and follow the police procedures ? Is it right ?

- Is it true that people get beaten up inside policestation( concerned as for the next few days my brother will be in the police station)

- What are the immediate actionables that police follows after the arrest ?

You guys have been an amazing help in providing information

Please help me with these queries.

False case of abuse and harrassment

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