Hi Experts,
I am a married person (2 years) and had a small dispute between me and wife last week. Basis my Father in law's influence, my wife filed a case under sec 498A against me and my entire family. I am staying with my wife in Chennai from last 2 years and my family is residing in different state.
I have 2 questions
1. once the case if filed and FIR is lodged, is it possible to remove my family members name from FIR?
2. what is the scope, process and amount of police station bail
appreciate your response on this
Firstly, it is not possible to remove your family member's name from FIR as 498(a) can be filed without proof. However, you have the alternative of filing an FIR against your wife for filing an incorrect 498(a) case against you. You can also sue your wife for defamation if she files an inaccurate 498(a) case against you.
For the second question-
Scope: The dowery law, found in Section 498(a) of the Indian Penal Code of 1983, aims to protect married women from harassment by their spouse or relatives. This section can only be used by the wife/daughter-in-law or a relative of the wife/daughter-in-law. The violation of section 498A of the IPC is a non-bailable offense, and no proof or investigation is needed for an arrest. The cases under 498A are not bailable, but the magistrate may grant bail if it is in the defendant's best interests.
Once a person has been arrested, he is entitled to bail until the charge sheet has been filed and the trial has begun not before that. Following the trial, the courts will decide whether the person should be sentenced or released.
Process: 1. CAW Cell or Mahila Thana tries to reach an agreement between the parties. Mediation is the term for this method.
2. If no agreement is reached at the first stage, the police will file an FIR.
3. In most cases, husbands were previously denied anticipatory bail or a stay of the arrest. Following the Arnesh Kumar decision, there has been a significant shift in this process. However, it is always a good idea to get anticipatory bail when an FIR is filed.
4. The police investigate the crime, which usually entails the collection of bills or witness statements.
5. After the investigation is completed, the police file a charge sheet in court, which includes all of the evidence gathered by the police during the investigation and used to build their case. In exceptional circumstances, the police may also file a final report at this time. According to the final report, the police have concluded that no crime has been committed.
6. After the accused and his lawyers have reviewed the charge sheet, the court will frame charges. It entails informing the accused of the crimes he has been charged with. When the accused believes insufficient evidence to charge him, he can file for discharge.
7. After hearing both sides, the final stage in which sentencing of the judgment is executed.
Police station bail: Only one solvent surety is required for 498A, who will typically sign a bail bond for Rs. 25,000 to Rs. 50,000.
I hope I was able to answer your query sufficiently.
Thank You!
