• False 377, 354, 498a and some other sections

My wife has filed a false FIR against me and my family members. 377 is against me and 354 is against my father. She has also filed a Divorce and DV prior to the FIR. Police has given me a 41(1) A notice in which me and my family members are asked to cooperate with the IO. The IO has also asked for a certain amount/bribe for not troubling and arresting me and said that I'll be presented to the court with the chargsheet and there's no need to go for AB. It's been almost 2 MONTHS, but the IO is extending the matter. I don't know what's happening g and What to do, I feel like my lawyer has something to do with this cause I contacted the IO through my lawyer. They are asking for a huge amount of money and are not ready to remove my family members name from the chargsheet including my 80 years old grandfather, who has nothing to do with this case. Please help me and show me the right way to get out of this..
Asked 1 year ago in Criminal Law from Pune, Maharashtra
Religion: Hindu

To prove 377 medical report is necessary. About other charges you can file petition in High Court for quashing of charges.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Dear Client,

You should approach high court for quashing of FIR, this way, name of family members will drop if no substance agasint them.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

There's just automatic arrest in matrimonial cases anymore and that's the reason that they are not troubling you. As long as you keep complying with the 41notice and participate in the investigation, they can't touch you. Still you want, you may challenge the FIR in the High Court and take a chance; or you may wait until the filing of the chargesheet and approach the High Court by way of the challenging the same once the same is filed.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

1) no need to pay any bribe

2) have your statement recorded

3) apply for and obtain Anticipatory bail from sessions court

4) change your Lawyer

5) filuninf fir quashing FIR against family members

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

change the lawyer and file an Anticipatory Bail coz the IO cannot be trusted

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

Hi

You may move to High court for quashing of FIR.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

First you take a ABA for your family members and yourself. Once you have AB then police can't trouble you.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

hello

file an application u/s 482 in the HC for a free and fair investigation of the matter and elaborate upon the incident and the steps that have not been taken by the IO. change your lawyer in the HC. the HC would direct the IO concerned to conduct an inquiry and submit a report without any fear or favor.

regards

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

1. Since police has served 41A notice already you should apply for anticipatory bail immediately.

2. Instead of bribing the IO you should get anticipatory bail.

3. Your 'presentation' to the court will be under arrest. No accused can be presented to the court sans arrest.

4. Engage another lawyer and apply for AB. This is the right way.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Instead of approaching the issue in any illegal manner, you may better adopt the legal ways to tackle this issue.

You dont pay heed to the IOand budge to his pressure to give him the huge amount demanded .

He cannot do anything if you obtain AB for everyone.

You can file a petition before high court under section 482 cr.p.c. for removing your parents name from the fir and also for quashing the fir after obtaining AB.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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