Dear Sir, My brother-in-law's wife filed a dowry case against him and his family members (parents and two sisters). Both the sisters got married long back and not staying with their family. My wife is younger sister and we married 3 years back and after 3 months of our marriage only my brother-in-law got married. Now, she had filed FIR three months bank in a local police station and we have got notices, charge sheet is prepared. Both my in-laws and her brother got bails and we have got stay of arrest from court as we have pleaded for quash of two sisters names. Court has guided police to investigate the matter and not to arrest till charge sheet is filed. In the meantime, we went to meet SI and justified our case, tried to make him understand that these two sisters are no where connected to this case. We insisted SI to take out these two names and give justice but as per his statement he will not be able to take out names but he will write charge sheet in our favor. But when we saw chargesheet we found that it was against us only and it was duplicate of FIR copy. It can be inferred that police has not put any efforts in this case and simply copied and pasted the FIR facts. We are in deep shock after seeing the copy, we request you to give advise on the same so that we can proceed further . Thank You. Regards, Ajay Kulkarni
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1)it appears to be false and bogus case filed by wife to extort money from her husband family
2) police are reluctant to carry out any investigations and generally charge sheet is reproduction of allegations made in FIR
3) sisters should move HC for quashing of FIR under section 482 of Cr pc
Nothing to worry.
First take bail as once you get that you will free to face the case and fight it out.
Once you get bail which would be most easy ,challenge the charsheet in high court under quashing.
If there is frivolous allegations agaisnt you in the FIR then the high court would quash your case.
Thank you Ajay Sir and Devajyoti Sir, we have proceeded for Quash after FIR issue only but court directed police to investigate the case first as it is difficult to judge in the initial stage. As i can see that there is no investigation done by police and they are directing court to punish all the family members. My question is, do we have to apply for anticipatory bail now? and do they arrest my wife? Already, my in laws were sent to jail when they surrendered at court. Charge sheet is submitted to court last week, do we have to wait till they issue summons? how can we avoid going to jail? We are very respected family in society and it is very difficult to handle such humiliation. Please advise.
1) sisters can apply for bail before the trial court
2) police would not arrest your wife
3) you can apply for quashing of FIR in HC
But when we saw chargesheet we found that it was against us only and it was duplicate of FIR copy. It can be inferred that police has not put any efforts in this case and simply copied and pasted the FIR facts. We are in deep shock after seeing the copy, we request you to give advise on the same so that we can proceed further .
You cannot take the police words for granted.
They will tell one thing to you but will act differently at a later stage owing to many factors, i.e., pressures from higher ups or due to the consideration received.
However you can take up the same for quash of charge sheet before high court on the grounds and merits your rely upon
My question is, do we have to apply for anticipatory bail now? and do they arrest my wife? Already, my in laws were sent to jail when they surrendered at court. Charge sheet is submitted to court last week, do we have to wait till they issue summons? how can we avoid going to jail? We are very respected family in society and it is very difficult to handle such humiliation.
Your brother in law's wife's intention is to wreak vengeance on him an his family embers so he has done her part by this.
Now you have no option than to take AB and then challenge the case before court or to once again take up the matter before high court seeking to quash charge sheet.
1. you should file petition for quashing of chargesheet on these grounds
a. vague investigation
b. it is evident from investigation that no offence is madeout against your wife
c. it is clear case of abuse of process of law.
2. if there is no evidence to prove that your wife is involved in this crime you must file quashing petition.
3. when quashing petition is admitted by the court, it shall pass stay order and no further action shall be taken by the trial court.
