False case of dowry and attempt to rape
My elder brother and Bhabhi are married for more than 3
years. Just after barely 3 months, my Bhabhi started acting
differently, She started fighting and abusing all the family
members. Started throwing things here and there. When
confronted she starts threatening us by calling police.
Nearly 2 months ago, she filed a false complaint in CAW cell
of dowry, domestic violence against whole family and an
attempt of rape against me. The CAW cell forwarded the
complaint to mediation cell, where mediation cell easily
understood that she trying to file a false case. They tried
for reconciliation but due to rude attitude of my Bhabhi they
are sending back the case to CAW cell. They said that they
will also send a report that she trying to make a false
case, hence no action should be taken.
Sir/Madam, we don't know what to do now as my bhabhi is
threatening us that she will anyhow file an FIR will make all
of us to go to Jail. Please Help!
Dwarka, New Delhi
Asked 2 years ago in Criminal Law from New Delhi, Delhi
1. The CAW cell acts on it discretion and there is no guarantee that they would not register FIR against the husband.
2. To be on the safe side apply for Notice bail and on getting it face CAW Cell.
3. Once FIR is registered apply for anticipatory bail.
There is nothing to worry once bail is granted as conviction rate in 498A cases is bare minimum.
First thing first - without any delay for all of those who have been named in any complain and specifically for you apply for anticipatory bail .
Following which you family need to speak with the girls family what they want. If it is about divorce and money sort it out amicably
Else you shoule pursue the complaints filed by them in the court.
Since a complaint has been filed with the Police, you should take anticipatory bail. In Delhi , the complaint under 498-A is is scrutinize by senior officer of Police (DCP) before FIR is registered. CAW report shall be helpful to you. Presently concentrate on AB. After you get AB the blackmailing shall stop and you shall be able to think, plan and pursue retaliatory action.
Advocate, New Delhi
As per your submission you should immediately go for AB thereafter think about some other legal proceedings.
1. In Delhi all the complaints for dowry harassment are first sent to CAW cell wherein an attempt is made to reconcile the differences.
2. Since it is a criminal case you cannot afford to take it casually.
3. All the family members who have been named in the complaint by your sister-in-law should without any further delay apply for anticipatory bail. Once bail is obtained the sword of arrest is hanging over your head will disappear.
There is no preventive measure for a criminal case, let her to register a case against you.If FIR is concerned then you should get anticipatory bail to avoid arrest and face the trial. In such a criminal case it is 90% win if you got bail.
1. Your first job will be to file AB application and obtain AB,
2. Once AB is obtained, 80% problem is over,
3. After obtaining AB, contest the case fittingly,
4. After proving the allegation false, file a case against het for harassing you by filing false copmplaint case.
What about that attempt to rape case sir? How can I survive that?
Asked 2 years ago
1. You shall have to survive the said false allegation by contesting it fittingly,
2. You expect to have the mediation report stating that she has filed false allegations,
3. Try to get that first,
4. Engage a seasoned lawyer having expertise in this field.
if there is any error in investigation or any material fact is not obtained by police you have right to file protest petition before court and challenge investigation. Anres singh vs state of bihar our supreme court has held that accused shall not be arrested berely on filing of fir. there is special procedure established by court in this regard so you can challenge it under sec 482 of cr.p.c.
you should try to get bail. bail may be granted by court after filing of chargesheet but in general this bail is granted by High Court. attempt to rape is a serious offence and may cause more trouble for you.
once you established that fir was false then you can file divorce petition on this ground because supreme court in K. Srinivas Vs k Sunita 2014, nov. is held that filing of false criminal case by wife against her husnand and his relatives may constitute matrimonial cruelty and establish a ground for divorce.
1. Any allegation that is leveled against you, if proved, will result in your conviction. So you have to rebut the case lodged against you.
2. First and foremost you should file for anticipatory bail to preempt your arrest. Rape and attempted rape are serious charges, the filing of which does result in the arrest of the accused. Until and unless AB is obtained the sword of arrest keeps hanging over the head. So file for bail as soon as the case is lodged against you.