My name is Pankaj Sharma, a software engineer and live in Delhi. I got married 2.5 years back and has a son- 1 year old. My wife is a greedy, arrogant & quarreling person and I'm quite incapable to cope with her and want to get rid of her. My life has become hell due to her. She even Emaild me couple of times that she is not able to live a comfortable, luxurious life with me and want divorce. She even wrote in mails that she has planned to go to her home and file false cases against me & put me in jail, otherwise I should pay her Rs. 10 Lacs cash and she will happily give me divorce. For the last 2 months she is staying at her parents home in Faizabad UP. I've filed an RCR in a Delhi court and the wife has been summoned to appear on the next date in Mar.
Meanwhile, after receiving summon, she filed an FIR in Faizabad, UP u/s 498A, 323, 504, 506, 313 IPC and U/s 3/4 DPA (needless to say that all are FALSE), and I've received a notice by the Mahila SO, Faizabad PS, UP to appear in person. I called the SO on phone and she told that I've to come for mediation for my matrimonial dispute and she will try to resolve in the presence of us both. I also asked whether my wife has informed about the court proceeding already under progress w.r.t our metrimonial dispute, she told 'no'.
I like to know some following points in this regard:
(1) Can police register an FIR unilaterally, i.e. by listening only one side of the story of the complainant's? Also can they do it merely on verbal or written complaint and without subtantiated by any sufficient legal evidence or proof?
(2) Since the matrimonial dispute is already under consideration of the hon'ble court and the court is doing mediation in this respect (since it's an RCR, means I already want my wife to return to her matrimonial home), can the police also undertake a mediation by registering FIR? Won't it be equivalent to interfering/superseding the court proceedings? What will happen if mediation by the police fails but parties agree in the court or vice versa? What is the relevance of the police mediation in this context?
(3) SC in 2014 has ordered automatic/arbitrary arrest in 498A. What is the chances of getting me arrested if I appear before Mahila SO in Faizabad? What is the ground situation in UP?
(4) Is there any chances of getting this absolutely baseless & false FIR quashed? Can it be done requesting the court where the RCR is already in progress? Can it be done by complaining to the ACP, Faizabad?
What should I do, what needs to be done, kindly advice URGENTLY !
Thanks, Pankaj Sharma, New Delhi
