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Slappedby498 (Analyst)     20 April 2012

Quashing 498a fir

I got married on 10-Feb-2010 arrenged, and we blessed with a baby boy on 25th-Dec-2010, since marrige we(My wife and I) are living in mumbai. My wife and I had some littile arguments in some issues, but On 16th-feb-2012 we had a argument badly, after our fight she called to her father and her elder sister that she doesn't want to live with me and I have beaten her a lot.
My father in law(lives in Bihar) who is a govt. veterinary doctor has some contacts through that he called to the mumbai police, police came in my house and asked to my wife (infront of me) that she wants to file complaint againts me or not. she tols she will ask to her father, she called her father and told to police officer that yes she wants to file a complaint. police told me to took her police station, I took her police station and she did NC againts me that I have beaten her. after that my father in law told to police that ask me to book a flight ticket and send her to her parents home. I booked the flight ticket mumbai-Patna and she went her parents home on 17th of feb with my kid.
after this incident they were calling a lot and abused, harrashed me and my parents a lot. and one of our family mediator informed me that they made a false medical cerificate from a govt doctor to file a case.I submitted one application about the incident to police station here in mumbai on 22-Feb-2012.

I got a call from Mohaniya Police staion that my wife has filled dowry harrasment(498A and 323) case on 4th-Mar-2012 againts Me,My Parents, my sister and her husband, he was telling me that come here and get the bail otherwise we will come to mumbai and arrest you.

My qustion is can i apply to quash the FIR, if yes then how?

After this call I called to a lawyer and given the number and name of that police wala, and asked him to inquire abt the FIR.



Learning

 10 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     20 April 2012

Dear Querist,

Quashing purely depends on the demerits of the FIR .It is not that easy and simple.You should have substantial evidence in your favour to prove it false. Manupulation of documentary evidence can be made by anyone.But that does not mean outrightly you have committed the crime.There is a process to be adopted by the court.Hence concentrate only on the merits of your defence.

SuperNuvos (Own)     21 April 2012

Hello,

  What is the process of getting Anticipatory bail? I am sure there would be reasons asked as to why we want anticipatory bail....will they consider just an oral statement like "I am fearing a 498-A case being file against me and my family members"?

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2012

Dear Querist,

You have to move an application in the court u/s 438cpc for anticipatory bail.This provision allows a person to seek bail  of an arrest on accusation of having committed a non-bailable offence.On filing of  AB,the opposition party will also be notified and they can also contest the bail application in the court.

SuperNuvos (Own)     21 April 2012

Thanks Shri Sainath Devalla.

Let me clarify my position. I am not sure but I am just thinking that my wife may raise a hell by filing 498-A. I have not received any threat or like from her...as I have not broke the news to her.

I have two questions:

1. Considering the situation, would you still advice me to go ahead and file for AB  before I let her know of the divorce?

2. How much time does it take to get AB?

SAINATH DEVALLA (LEGAL CONSULTANT)     22 April 2012

Dear Nuvo,

The problem in proper advice arises when you do not post the entire case history,and leave us to reply.Come out with the actual facts.

Anjuru Chandra Sekhar (Advocate )     23 April 2012

Dear ...

 

How a person who was adjustable and lovable suddenly becomes so bad in the eyes of each other with one incident of violence?  We do not know that it is all in our feelings.  Many a time (unless they are deliberately spoiled by people around), if we feel good about our loved ones they feel good about us.  If we feel bad about them they they react badly with us.  YOu say, you have beaten her.  Don't you feel sorry for her?  Feel sorry if you can.  The message will go to her (without having to say) and she will not think of filing 498A if you have good feelings for her.

Anjuru Chandra Sekhar (Advocate )     23 April 2012

If husband and wife have adjustment problems, if they are matured they should sort it out among themselves they should not involve people, police, institutions etc.

Slappedby498 (Analyst)     07 May 2012

Hi,

We have proceeded for AB, and the hearing date is on 28th of May 2012, but the lawyer coudn't manage to stay on arrest warrent, the went to my sister's home and arrested my sister's husband and he went for jail, we applied for bail but My lawyer informed me that it got rejected by CGM, and we will proceed to district tomarow and my lawyer assuring the we get bail on wednesday and after the bail he will file AB for rest of the family members. they are searching my sister too and police wala has demanded 50K for not arresting My parents and sister but irefused it, I dont know what would be impact on my case.

I read in news papare that i can use "1971 (maharashtra vexatious litigation [prevention] act 1971" but how can I for 498A and 3/5 Dowry prohibition act. dont know,

Please help for my next step.

 

 

SAINATH DEVALLA (LEGAL CONSULTANT)     07 May 2012

But that act has no amendements,since 1971,498A and DV are not included in it.Better consult an expert in Aurangabad.


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