• Wife lodged 498A and 506 on me, my mother and sister

I'm married since May 2011. We both have a son(6). My wife kept on harassing me by false allegations of extra marital affairs. I was fed up and applied for divorce on Dec 2017 at Nuzividu, Krishna district, Andhra Pradesh. On around April of 2018 my wife lodged a complaint at PS Vemsuru, Khammam district, Telangana,under section 498A and 506 saying that I hold an extra marital affair and harassing her for dowry and tried to kill her and threatened to kill my son too. Police called me for counselling and along with some 15 people, threatened me to take back my divorce petition. I politely asked couple of days time and escaped from there. After 2 days I called the police and told them that I cannot live with my wife anymore. After some days My wife side people called me to settle the issue saying that court proceedings will be lengthy and traumatic. I blindly trusted them and went to my native. There they kidnapped me with the help of corrupt police in a private vehicle and kept me for three days at the PS. They hand cuffed me and threatened to ruin my life if I don't take my divorce petition back. They wanted me to loose my job and surrender before them. After 3 days since I didn't listened to them they filed an FIR and bribed the public prosecutor and sent me to jail. My bail plea was rejected 4 times. All the times the PP was countering the bail plea. Later my mother and sister consulted a senior lawyer and managed to get bail. The court made us pay Rs.50000 and seized my passport for my bail(Conditional). This was a record security amount deposited in that court's 90 years history. After I got bail, in the first hearing itself my lawyer got my case dispensed until the charge sheet is filed. They do not have any evidence to prove that I asked for dowry or for any harassment from my side. Now the police are calling me and my family to come to PS and get station bail for my mother and my sister. I think they wanted to close the charge sheet saying that we surrendered and pleaded guilty for the acquisitions. They are threatening every time. My sister was got married in 1995 and she is living with her family in karnataka. My mother never stayed with us. My lawyer is a good friend of CI of that region and assured us that he will get bail for my family from that CI. Is this a good option? Or should they surrender to court and get the bail? Or AB will be good option? I don't want them to go to judicial custody. How can I quash their names from the FIR? Can I quash my name too? What action can I take legally on my wife's family for this traumatic harassment? I don't want to take back my divorce petition. I'm ready to fight this case. What legal action I can take against that SI who is involved in this case and harassing us? How much risk I'm taking in terms of putting my career and life onstake by fighting this case. What is the procedure to get my passport back, as I need to travel abroad for few days on my company's deputation. Please guide me.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

See First of all the confession before the police is not valid secondly apply for anticipatory bail for mother and sister. No the best option shall be to apply for anticipatory bail and the court will grant them bail.

prefer a Quashing petition before the HC for mother and sister along with you and pray before court for quashing as the charges are false.

Further file a writ petition in the high court for trauma police gave you the false custody of three days , and arrest without FIR and bribe they took high court shall order against all police officers involved and the family, Sir i know it is difficult but you can fight and win this further the cases will settle donot worry engage good advocate he will take care and you can concentrate on career.

For passport a modification application has to be preferred before same court who granted bail for modification bail order as to release passport. The court shall grant you permission to travel abroad.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear,

Police is only threatened you. If your mother and your sister is accused then

Why they are not arrested. Please don't listen them.

If your wife file case against you and your family then i suggest you to ask your

mother and sister to file case against her and her family for threatening, using

abusing language, target male family members of her side and put some allegation

on SI also.

File application for quashing name of your mother and sister from that f.i.r.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Your mother abd sister should apply for and obtain bail as per your lawyer advice

2) applying for Anticipatory bail is a expensive proposition

3) generally at time of filing of charge sheet name of family members is dropped if there is no evidence against them

4) quashing is done only in exceptional circumstances

5) wait for filing of charge sheet then take a call on filing for quashing

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

Hi

1) How can the police arrest you when the Supreme court has very clearly said to refer the matter to District Legal Services Authority in the Month of July 2017. It appears that even your arrest is illegal, arbitrary and against Supreme court guidelines in Rajesh Sharma vs State of Uttarpradesh as far as 498a cases are concerned.

2) Please move the high court for quashing of FIR u/s 482 of Cr.P.C and get court directions that police will refer the matter to District Legal Services Authority and till such not to arrest Mom and Sister.

3) You can also appeal against the order of MM judge in sessions court and get your passport back as passport cannot be impounded till such time the District Legal Services Authority investigates in to the complaint.

4) Police have to refer all cases to District Legal Services Authority as per supreme court guidelines and whatever happened is a gross violation of law.

Please take proper legal advise.

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

You have to file application court to release the passport. File application in session court for same and mention necessity about realising of passport to the court. If session court reject it application then u can file appeal in high court.

Mohammed Mujeeb
Advocate, Hyderabad
19364 Answers
32 Consultations

1. Your family members should avail AB from the Court which will be easy for them to get.

2. You can not file quash petition at this stage since no High Court shall entertain such petition before the charge sheet is filed.

3. Once the charge sheet is filed, all the accused should file quash petition finding out loopholes in the said charge sheet.

4. Engage a local lawyer having expertise in this field to defend you in the said cases.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Dear Sir,

It will be difficult to get your name quashed.

However, a petition for quashing of the FIR can be preferred and name of the family members can be removed on the ground that none of them had lived with the wife.

There are various judgment of the courts which will support your case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. What are the offences under which the FIR was registered? It is unheard of the contemporary legal landscape that bail application for offences under 498A and 506 IPC would get rejected 4 times.

2. Instead of taking station bail, which has to be preceded by arrest, your mother and sister should apply for anticipatory bail. Since you have been granted bail already they too would get bail in all likelihood.

3. Unless the FIR is perused no opinion can be formulated on whether it is fit case to file a petition for quashing of FIR.

4. Unless the SI has violated the directions of the Supreme Court issued in Arnesh Kumar and Rajesh Sharma's case no action can be taken against him.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. If FIR is registered then apply for anticipatory bail which is safest mode to seek bail under these conditions and in all likelihood you would get bail.

2. Yes, carry on with your divorce petition unless she agrees to make settlement in either way.

3. No action lies against SI though you can lodge complaint against him with his higher authorities.

4. There is no risk involved in your job or profession.

5. Apply in the same court to take back your passport. it will be given . If not then apply in high court.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Dont go by the words of police.

You can arrange for anticipatory bail for your mother and sister.

Since 498a is bailable offence in AP, they will get AB easily.

Dont give up your fight against her, do not withdraw the divorce petition, they cannot do any more harm to you than this.

They have done enough damage hence any more harm shall be less effective, so you dont worry and budge to their pressures.

At one stage, i.e., after the charge sheet is filed before the court, the SI or the police cannot go further in their false case, you can challenge them in the court trial proceedings.

You may file a charge sheet quash petition once it is filed before court for all the accused named in the FIR.

You may not be able to get passport so easily before the disposal of the criminal case against you, however for short duration visits to abroad you can withdraw the passport from court custody.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

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