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Good Human (consultant)     02 February 2013

Private complaint after closure of fir

Respected Experts,

following are the details:

1)After 16 years of muslim marriage(the couple lived abroad for 14 years and 2 in India),due to non compatibility and daily nagging from wife,the husband gave Talaq.

2)The wife stole all the money and jewellery and took the teenage daughter and  fled to her house in India ,managed to file Fir with 498A,406,506,DP3(2 yrs back)

3)She took all her items back (along with police and we have acknowledgement along with her and witness signatures).Later ,New IO investigated with all neighbors and others,found the complaint was false and sent  final report (closing the case )to court.

4)The complainant tried for Private complaint,but magistrate returned the same due to lack of proper documents. Now, after 6 months,she re submitted and Private complaint has been taken,with myself,mother,sister, IO,Inspector included as parties and we are yet to receive summons.

My queries are:

1) Is there possibility of quash?

2)How do we protect ourselves from being attacked physically or to avoid any other false cases from the opposite party ?

3) What is the solution for permanent closure?

4)Can we file counter cases now ?



Learning

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