• DP3 DP4

Got married in 1999 at Lucknow,shifted to wife’s house in Delhi as her father was bed ridden and needed support ,resided there till 2008,separated in 2008 due to her affair.filed divorce 2014,she filed [deleted] against me n family members in 2016,I got notice bail in above sections,now after this recently dp3 n dp 4 is added in fir ,charge sheet not filed what to do .
Asked 4 years ago in Family Law
Religion: Hindu

9 answers received in 1 day.

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19 Answers

1. Well, first check whether deamnd of dowry is mentioned in the complaint or not and if yes whether any ampunt is specified.

2. if no then you can challenge this addition of charge.

3. Since it is addition of charge you need to take bail for DP cases.

4. The matrimonial disputes hardly reaches to a logical conclusion and gets settled amicably within a few years.

5. So in your case also I do not find exception .However to settle the case do not succumb to any exorbitant demand and if she has huge demand now then fight he case vigorously for few years to bring down her demand considerably.

6. File a suit for divorce.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

You may prefer a case of FIR quashing in the High Court since the case has been filed with a considerable delay and moreover dowry case can not be filed after 7 year of Marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

After such a long time these allegations do not have meaning and may be dropped if found false in investigation. As you have bail you need not to worry about.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Do you have proof of her affair?

From 2008 till you filed divorce in 2014 do you to lived totally separated or met?

Do your family members also lived with you in Delhi?

For how many days your wife stayed at your place?

Since you have filed divorce case in 2014, what was the case status, when your wife filed 498, 406, 34 in 2016?

As you said chargesheet is not filed, do the Police investigating the matter?

Do you have any proof to prove that you have done no wrong?

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) you should wait for Police to complete investigations and file charge sheet

2) then apply for discharge before trial court

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello Good Morning,

You need not to do anything as for now .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Take your chance and challenge the charge-sheet in the High Court.

Seek a stay on trial of the criminal proceedings.

Establish before the Court that the criminal proceedings initiated against you are vexed and their purpose is just to harass you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Supreme Court directed police not to automatically arrest person against whom case is registered under Section 498-A IPC or Dowry Prohibition Act.

So don't worry of arrest if further charges are added once the charge sheet is submitted approach high court directly and file for quashing as charges are frivolous and are made only to harass the husband here.

Also there has been a subsequent separation period between both husband and wife so the court shall consider and ponder upon the merits of case based on outcome of investigation.

Also these charges are after effect of filing of divorce so Court shall appreciate your ground and there is a major probability that it will be quashed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. When the said sections have been added to your FIR, you shall have to contest the same if these are mentioned in the charge sheet.

2. Keep collecting evidence to prove that you had taken no dowry from her.

3. Meantime try to develop rapport with the IO to ensure that he files final report releasing you or files charge sheet keeping lots of loop holes to enable you to legally escape from the charges leveled against you.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

You have a strong weapon in your hand that is “her affairs”. By using and collecting supporting evidence by engaging private detectives you can file a petition before High Court under section 482 of Cr.P.C for staying and quashing of said FIR.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can pray for bail

Raghuvir G. Chaudhary
Advocate, Ahmedabad
48 Answers
4 Consultations

5.0 on 5.0

Have you been enlarged on bail?

If yes, then don't worry, it is an additional strategy adopted to put more pressure on you.

You can challenge this also along with other charges on merits and documentary evidences in your side.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

I am not getting what exactly is dp3 and dp4. If some sections are added then you can go for discharge after filing of chargesheet. If you are still not satisfied and want to contest can file quashing in HC for the same.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Yes the charges can be dropped at the time of filing of the charge sheet.

The offence is not very grave in nature.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If Police do not find any evidence against you then closure report can be filed by Police

Burden of proof is upon prosecution to prove allegations beyond reasonable doubt against you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. You have already executed the Pabandi Nama as produced by the I.o.

2. He has not filed the charge sheet for which he can submit final report in place of charge sheet for which you shall be acquitted from all or any of the charges mentioned in the FIR.

3. Since you all have availed bail, 80% of your problem has been over.

4. If the I.O. does not drop the sections or any section from the FIR and files the charge sheet, then contest the same fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

If the charge sheet is prepared and submitted before court then the charges included cannot be dropped.

The burden to prove the allegations lies on the complainant.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

The IO on investigation at time of submitting the final report or charge sheet can drop the charge sheet and can file Closure report for same.

If not.dropped then you have to contest same on merits and evidence.

The onus of proof is on prosecution to proof and establish there was actual demand of dowry and payment of dowry

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

It is not difficult to prove back case when onus is on you. You can do the same by preponderance of probabilities and creating doubts in the prosecution version.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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