• Please guide in 498A defence

Hello Respected Counsels. I need your help with the procedure in defending myself and my parents from 498A IPC and 3&4 DPA. My wife is from Uttar Pradesh and our marriage was in U.P. My parents are also natives of U.P. but settled in Delhi for the past more than 40 years. My permanent residence has always been Delhi and our matrimonial home (the short while that it existed) was in Delhi.

My wife returned to her parental home in U.P. some months after marriage and filed a petition for divorce. Besides that, she filed a complaint with the local U.P. police station of her area, under 498A IPC and 3&4 DPA against me and my parents alleging dowry demand and a threat to kill her (not attempt, and no allegation of any physical violence) made in U.P. Apparently, an FIR was not registered even after a subsequent follow up complaint made by her to the Superintendent of Police concerned. She therefore filed a complaint case before the Judicial Magistrate First Class (JMFC). Her and her father's and brother's statements have been recorded and the complaint is now fixed for next month (I don't know, for what purpose).

Now my queries:
1. If the JMFC is satisfied, will he ask for a response from police on why FIR was not registered?
2. If the JMFC is satisfied, will I be directed to appear before Court or will the U.P. police be directed to arrest and produce me and my parents in Court? In either of the case, will I be sent to custody in U.P?
3. If I'm to be arrested by police, will such arrest be executed by Delhi police or U.P. police? (all accused persons are living in Delhi).
4. What should be my next step? I think U.P. State Cr.P.C. amendment does not provide for anticipatory bail. Am I right? If so, what to do?
5. Will I get a chance to (a) produce documents in my defence and (b) cross examine the Complainant and supporting witnesses?
6. If yes to #5 above, when will I get such a chance - after appearing before the Court on date fixed OR after being sent to custody and getting regular bail OR without appearing myself, but through a lawyer?
7. What is the evidence value (not admissibility) of a certified medical record of a private hospital, regarding the fact of my hospitalization (just the bare factum of being hospitalized, not the reasons for it nor treatment or anything else), without examining the Doctor concerned or hospital staff?

Thanks a lot for any guidance.
Asked 7 years ago in Criminal Law
Religion: Hindu

4 answers received in 2 hours.

Lawyers are available now to answer your questions.

7 Answers

Dear Concerned ,

Answers to your Queries Below

1. No if the JFMC is convinced he will direct the Concerned Police Station to Register and FIR and then the further process will start if the complaint has been made through 156(3) crpc

2. No there is no automatic arrest in 498 A complaints and you would be given opportunity to by the police to present your facts. You will not be arrested.

3. As mentioned you would not be arrested and even if any such action is needed the UP police will contact Police station concerned to execute the warrants of arrest.

4. Yes there is no provision of Anticipatory bail in UP , you would have to approach High COurt for dtay on arrest

5. Yes you will get your opportunity .

6. You will not be sent to custody without proper investigation

7. Depends what is this document used for - if it is shown to create some kind of Alibi it may not be admissable also dont do this if this is a fake document. Certified medical record other wise will help depending on the purpose being used.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1) court would direct police to investigate and submit report

2) your statements would be recorded

3) you would not be arrested

4) if summons are issued you have to apply for and obtain bail

5) you cn afile petition in HC and seek stay against arrest . HC would grant you interim protection and direct you to apply for bail before trial court

6) during trial you would get opportunity to present your defence and cross examine the complainant

7) you should engage a local lawyer

8) you cn aproduce your medical records but you would need to examine doctor who has signed your medical report for document to be admissible in evidence

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) you cna file petition for quashing in HC and rely upon your medical records to prove that at the time when wife alleged you tried to kill her you were admitted in hospital

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The complaint case will run now for which you shall have to appear before the JFMC and contest the case fittingly.

2. Since no FIR has been lodged, then there will be no arrest made against the complaint case.

3. There will be no arrest and police will be directed to investigate and submit report about the complaint which you shall have to counter. Develop rapport with the police of the place where your wife stays.

4. Since there is no FIR and it is not an application filed u/s 156(3) praying for a direction upon the police to investigate based on the complaint lodged by your wife, there will be no need for any AB or bail. However, in U.P. the accused file a petition praying for not to arrest order in place of AB.

5. Yes, since it s a private complaint case, you shall get all the opportunity to submit your documents in your defense.

6. You shall have to attend the hearings through your lawyer on the dates of hearings to defend yourself.

7. Ordinarily, Court does not entertain certificates received from private hospitals. However, you shall get enough chance to challenge the said medical certificate/record.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1. If the JMFC is satisfied, will he ask for a response from police on why FIR was not registered?

Opinion: no,as per your information, it is a complaint case under section 200 of Cr.P.C. and magistrate will not ask for a response from police.

2. If the JMFC is satisfied, will I be directed to appear before Court or will the U.P. police be directed to arrest and produce me and my parents in Court? In either of the case, will I be sent to custody in U.P?

Opinion: the court shall issue summons to you and your family if satisfy with her version.

Police shall have no role in this only to serve summon.

3. If I'm to be arrested by police, will such arrest be executed by Delhi police or U.P. police? (all accused persons are living in Delhi).

Opinion: no police role for arrest.

4. What should be my next step? I think U.P. State Cr.P.C. amendment does not provide for anticipatory bail. Am I right? If so, what to do?

Opinion: after receiving summon from the court immediately file a criminal revision under section 397/398 of Cr.P.C. or file quashing petition before high court under section 482 of Cr.P.C.

5. Will I get a chance to (a) produce documents in my defence and (b) cross examine the Complainant and supporting witnesses?

Opinion: yes, you will have to get chance.

6. If yes to #5 above, when will I get such a chance - after appearing before the Court on date fixed OR after being sent to custody and getting regular bail OR without appearing myself, but through a lawyer?

Opinion: first of all get bail then argue.

7. What is the evidence value (not admissibility) of a certified medical record of a private hospital, regarding the fact of my hospitalization (just the bare factum of being hospitalized, not the reasons for it nor treatment or anything else), without examining the Doctor concerned or hospital staff?

Opinion: aa above,

If there is no allegations against you or your family for dowry demand thr raised the question on jurisdiction of court as per section 177/178 of Cr.P.C.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. No. The petition will be simply forwarded to police with direction to investigate the complaint and file FIR if necessary.

2. It will depend on the police report

3. UP police (within the jurisdiction of the JMFC)

4 There is no provision in UP for AB.

5. It depends on the trial proceedings

6. During trial of the case.

7. It depends that on what grounds and purpose you argue or put forth such evidences.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

believe me its sheer coincidence that it happened so. Naturally, my wife was and is not aware of it since she had left me and not even on speaking terms with me!

You can put forth such evidence, it depends on how you are able to prove it and the opposite party deny the same.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer