• Wife filed false complaint under IPC 353 against my younger brother - what to do?

My wife is harassing my entire family in CAW cell. During the first counselling session my younger brother and I had arguments with her and I refused to take her back. In this revenge she filed a false complaint aganist my younger brother stating that he inappropriately touched her in CAW cell. In 2nd counselling she attacked my mother also. And we filed a complaint aganist her also. But police isn't investigating our complaint but instead they are calling my younger brother to police station for investigating. We told the police to check CCTV footage of CAW cell and to our investigation officer in CAW cell who was with us the entire time. But still I and my brother are being called to police station again and again. I have appiled RTI on the CCTV footage of CAW and asked them to save to prove our incidence. What further am I supposed to do?
Asked 10 months ago in Family Law from NEW DELHI, Delhi
Religion: Hindu

1. The police in course of investigation can call the accused person for the purpose of questioning in which there is no illegality.

2. Now take information whether any FIR id registered or not. if yes then first take bail which would be allowed ij no time.

3. After the bail is granted and CS is submitted you will have t face trial.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your family has been harassed for no reason.
  2. She has been filing case after case just for a reason that the law for women in our country is little harsh for men, and she is taking advantage of the same.
  3. Let me tell you that the complaint which she has filed will come out as a false or no merits complain as she won’t be able tm prove it eventually, due to the lack of evidence.
  4. RTI should help you for same.
  5. File an application seeking Action Taken Report from the Mazistrate under whom the case is pending. And also request for collections the evidence through CCTV footage.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Sir see since the FIR at this stage is not filed, any how get footage saved if IO or station incharge refuses same under RTI get direction from.high court for same before it gets deleted.

Further if in case FIR is filed he needs to apply for Anticipatory bail to avoid arrest.

It would be advisable to settle with wife pay her some alimony/maintenance amount and further take a mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Hi, it is advisable to join the investigation when called by the police officials , for fair investigation and record your statement... It is also advisable to apply for anticipatory to avoid fear of arrest 

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

That complaint is under section 354 ipc not 353 ipc. Move a complaint before DCP for registration a case against her fr moving a false complaint against ur brother. If police is not taking any action then move a complaint before magistrate under section 156(3) cr. P. C against them in court

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Hello,

if the police is not lodging the complaint then file a private complaint before the concerned magistrate.

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

collect evidence and file a Writ Petition before the high court against CAW CELL . 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

You can file a complaint to commissioner of police for the above-mentioned. You can also file a case of missing the legal machinery for personal Vendetta

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

See in case FIR is filed immediately file quashing before high court get stay and no coercive or an anticipatory bail.from sessions court.

Further police can watch the Cctv on the alleged day and they even can drop the complaint though chances of same are bit less.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

You can file an application for anticipatory bail even if a FIR is not registered. The court my dismiss the bail application but may pass an order to not to arrest in the event of a FIR to be registered at a later date.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Apply for an Anticipatory Bail. Until then do not go to the CAW. They will first arrest and then file an FIR. And at that point you have to yield to her unjust demands.

Once you get an AB then play your cards.

Sandeep Prakash
Advocate, Bengaluru
308 Answers
2 Consultations

5.0 on 5.0

1) objective of CAW cell is to help in reconciliation between parties 

 

2) if reconciliation fails then only FIR is filed 

 

3) you can apply for bail only after FIR is filed 

 

4) complain to commissioner of police against repeated calls made to you to visit police station 

 

5) CCTV footage would prove your brother innocence 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

 

if counselling fails then FIR would be filed 

 

you cannot be forced to take your wife back 

 

you can file for divorce on grounds of mental cruelty against wife 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

There is no provision by which an accused person can apply to Magistrate seeking non registration of FIR.

Do not get sacred much as this will embolden her more and she may manipulate more. Even if FIR is registered you should get bail soon.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Dear client

you can move for anticipatory bail in HC but before that your entire complaint in totality is to be seen and not only just one incidence. Send an entire copy of the complaint to my mail id to guide you properly for further action.

Adv vilas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Please file police complaint and as stated that you have filed complaint but no action is taken,you can also peruse under 156(3) Crpc and also file simultaneously petition for divorce on cruelty.

Anand Shukla
Advocate, Delhi
473 Answers
12 Consultations

4.9 on 5.0

You may obtain the information already requisitioned and can face the case at trial.

You may not get any relief from police hence don't depend too much on them.

You may obtain AB first since the police may remand you anytime.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

No petition can be entertained by magistrate when there is an investigation going on in a police station.

You may better follow it up police itself with the assistance of your advocate.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

In case the police is not registering a FIR against your wife on the basis of your counter complaint, move a representation before the concerned SP and SSP, requesting them to intervene in the matter and to issue directions for lodging of FIR in this matter.

If your FIR is not registered despite taking recourse to the above step, file a private complaint under sec. 156(3) crpc. 

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

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