• Dowry Act and  IPC 354

Hello, my name is Sandeep, on the day of my reception, we also done ring ceremony of younger brother. But after some days he find out that the girl has friendship with another person, so he decided to quit the marriage. We have told the girl family that we won't be able to continue this relationship between both families and take away your gifts which was given on ceremony day and returns ours. But they file a false complaint of dowry and sexual harrassment. We have tell the truth to police and give them the certain proof that defines what is the issue of breaking the relationship with this family. But girl father is politically strong and create a pressure on senior police officials. An F.I.R is lodged against my brother under IPC 354 and dowry act under section 4 against my whole family. I don't know what to do. We have provided the number of that boy who was in relationship with girl. But police didn't listen and doesn't investigate the case on merits. They just listen the girl side and an FIR is lodged without any proof from girl side.
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

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20 Answers

Hello sir, it is advisable to first apply for anticipatory bail under section 438 Crpc to avoid fear of arrest.. After , getting anticipatory bail file for quashing of FIR in high court .. The high court has a power to cancel or quash the FIR under its discretionary power of 482 Crpc ..you can contact me for further assistance in Punjab and Haryana high cour

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Client,

Court will take care of the issue, if police is not cooperating. Let investigation proceed and conclusion police investigation.

Approach High Court for quashing of FIR annexing proof of allege relationship. Possibility is rare as sec 354 is invoked, still court`s observation will definitely pressurize police to investigate fair.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi, these are false allegations and girl did not called the police on spot if there would have such a incedent .. You will get anticipatory bail .. Kindly share with me the FIR , copy so that I can guide you properly

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

you collect the evidence against that girl for proof.... if the FIR already registered by police then nothing is in hand of police. u proceed with the matter in court.

Satsheel Sheokand
Advocate, Gurgaon
20 Answers
1 Consultation

4.1 on 5.0

File police in action against the police officers and to prove your point fight well in court.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) apply for and obtain AB from sessions court

2) wait for police investigations be completed and charge sheet filed

3) then file for quashing in HC based on legal advice

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

80 per cent of dowry harassment cases are false and end in acquittal

contest case on merits

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Please file petition in the High Court under section 482 for quashing the FIR and stay of arrest under section 354 till the enquiry is complete.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Apply and obtain anticipatory bail.

If the allegations in the FIR are totally false and concocted, take a chance and file a quash petition before the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Follow the advice tendered to you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

File a petition for getting the FIR quashed in the HC.

In the facts as presented by you, I think that the name of the families members might be removed by the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the police is bent upon to to register the crime by a FIR, then you cannot help it other than challenging the false complaint in the trial proceedings.

If the police has registered FIR, then you should first obtain AB and then look for further course of legal action on this instead of begging those non-cooperating cops.

When the chargesheet is filed then you can even apply for quash of the same before high court.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

My brother has went out with girl to buy her a dress for ring ceremony and girl family side said on that day he take advantage of girl and said we ask dowry on ceremony day which they are not able to give so the boy side has decided not to proceed further for marriage.

The burden to prove this allegation will lie on the girl.

This can be challenged during cross examination when the matter is coming for trial before the concerned court.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

merely these allegations no offence of 354 ipc made out. file anticipatory bail nd quashing of fir. after that file an application to secure call details of girl's mobile number cz dt is only main evidence of ur version nd after one year u could nt get call details

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

First try to take Anticipatory bail for your family against whom fir is lodged. Rest you can fight the case later once you receive bail.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

quashing FIR may take a year or so

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The petition for quashing of FIR will reach court within a fortnight after filing it, but the disposal may take at least three to four months after hearing both sides.

The quashing of FIR is not entertained as a routine.

You may wait for the charge sheet to be filed for getting it quashed instead of quashing the FIR, which will be more effective.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

There is no fixed time for that it may take 1 year depends on how your matter is listed

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Depends on the court.

The matter could take up to one year till it's disposal.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If the case is strong then the FIR will be stayed on the first day itself and thereafter it will take 3-6 months for the matter to get finalized

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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