Quashing 498a before FIR

Why are u thinking like not polimer give only notice41 crpc anter fir.anter receiving notice then think

Depends on the grounds on which you seek quashing of the FIR

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

 

Thanks Augastine and SR for your comments. My case in brief: 1. Wife was pregnant and my in laws took her with them to her parental house via a police station. Since the allegations were so baseless Police did not do anything..She gave a statement that I dont have a complaint against my in laws and I am going home for peace of mind. 2. I sent them a legal notice and also complained at local police station for their behavior as earlier also they had taken the girl there and had done the abortion. 3. After receiving my notice they sent the girl back after a meeting with some respected people of society. 4. I arranged for celebrations as per our culture after she came back and her father came and took her for delivery of the child. 5.Now after delivery, She is not coming back and her father n others say that What is anything happens to the girl?(This has been happening till date after 10 months of baby delivery.total seperation period now is 1.2 years) 6. I filed RCR in my juridisction area. (I secured 72 hrs protection before that knowing the adamant nature of in laws) 7. Got a reply in a legal notice from their lawyer that I have commited a serious offence under 498a and other congnizable offences and she have filed a complaint at caw cell in their juridisction. 8.I was called upon there for first appearence. Now my questions are: 1. If CAW cell sends a negative report, then she can take the letter from CAW cell and file FIR at her local police station.If thats the process of CAW,Then Will The complaint be Quashed by high court as its not yet converted into FIR? 2.Can High Court grant exemption to appearance of my old sick parents(67 and 64 yrs old) and my dependent sick sister (46 yrs old) at the least?

some of your questions (without facts shared by you were already replied at

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140430&offset=1

 

you are now ging the facts which can be anlysed as under.

1. Wife was pregnant and my in laws took her with them to her parental house via a police station.

IN INDIA ALMOST EVERY LADY GOES FOR FIRST DELIVERY TO PARENTAL HOUSE AND RARELY THIS HAPPENS THAT HER PARENTS HAVE TO TAKE POLICE HELP OR INFORM POLICE.

This fact itself indicates that she was subjected to cruelity.

Since the allegations were so baseless Police did not do anything.

 

IN INDIA ALLEGATIONS BY THE PARENTS OF THE GIRL ARE ALWAYS BASELESS. FAMILY OF GROOM IS NEVER WRONG.

 I sent them a legal notice

 

 

 AND PAID THE PRICE OR A WRONG AND PROVOCATING STEP

and also complained at local police station for their behavior as earlier also they had taken the girl there and had done the abortion.

 

What was the behaviour you feld was wrong?  Share with the forum

 

You can see your wishful thinking – you can see tha following link

 

https://www.youtube.com/watch?v=MWsSVkzskos

 

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Such like complaint could have successded in that land at that time.  But not in 2016 India.

 After receiving my notice they sent the girl back after a meeting with some respected people of society.

 

SO THE POSSIBILITY OF REUNION WAS STILL THERE. but they felt sdave only with mediators.

.Now after delivery, She is not coming back and her father n others say that What is anything happens to the girl?(This has been happening till date after 10 months of baby delivery.total seperation period now is 1.2 years)

 

This gives an impression that in their mind the feeling of insecurity is there which you could not wash.

I filed RCR in my juridisction area. (I secured 72 hrs protection before that knowing the adamant nature of in laws)

 

You had invoked correct jurisdiction. All parents have a right to be adamant to secure safety of their daughter.  You have not eleborate :-

1. how do you considered them adamant
2. why you needed protection
3. what was the protection
4. why only for 72 hours.

 Got a reply in a legal notice from their lawyer that I have commited a serious offence under 498a and other congnizable offences and she have filed a complaint at caw cell in their juridisction.

 

What other reply could you have accepted?

she also iojvoked correct jurisdiction.

.I was called upon there for first appearence.

Doors of peace are not yet closed.

 

 If CAW cell sends a negative report, then she can take the letter from CAW cell and file FIR at her local police station.

CAW itself can pass such directions to thana.