Hello,
Best option for you at this juncture will be to prefer a petition for quashing of the FIR under article 226 of the Constitution before the Allahabad High Court.
Let me know if I can be of any help to you.
Regards
Hi, My brother in Law's wedding was arranged and engagement has happened but due to miss-arrangement in engagement and less interest of Girl's guardians we asked them to have proper arrangement in wedding as there will be more guests and this is not how the wedding should be arranged so they argued and abused us. Next, groom's mother asked the girl to put on some weight as to look good on wedding stage, again they fired on her and started arguing with her. Due to it we called off the wedding and asked them to come at mediator's place and settle the amounts. There they returned the gold chain and ring to us that we had given to girl and we paid them the expense of engagement arrangements and returned the engagement ring. Now after a month they have registered an FIR u/s 504, 506 and Dowry Protection 1961 u/s 4 and 5. What shall we do now?
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Hello,
Best option for you at this juncture will be to prefer a petition for quashing of the FIR under article 226 of the Constitution before the Allahabad High Court.
Let me know if I can be of any help to you.
Regards
1) police would issue notice to record your statement
2) enclose documentary evidence of settlement arrived at wherein they have been paid expenses incurred for engagement
3) mention that on account of Abusive behaviour of girl and her family marriage was called of
4) apply for and obtain anticipatory bail from sessions court
You should approach high court for quashing of FIR as it is completely false and done to harass you the high court shall grant you stay on trial and shall grant you relief of no coercive action and further consider the case on merits.
As in UP Anticipatory bail provision is not available it would be better to approach high court to avoid arrest.
First take Anticipatory bail in the same from court. Later you can go for quashing of this false Complaint in high court
1. Have you obtained bail?.
2. The reports that IO collected to file FIR, need to be referred to provide my opinion whether to go high court for quash Or wait for the police to file charge sheet.
3. I suggest you go for quash of FIR.
1. Apply for anticipatory bail lest you are arrested and detained as the FIR has been registered.
2. Thereafter, depending on the allegations in the FIR the accused may either face trial or file a petition for quashing of FIR in the High Court.
Dear Sir,
504 is Insult intended to provoke breach of peace and 506 is criminal intimidation both of which are bailable. After registration of the crime the accused can seek bail from the court. Thereafter the Police will investigate and file the charge sheet in a reasonable period of time. After filing of charge sheet the trial is conducted by the Magistrate court and the Judgement is passed. The entire process won't be completed in 6 months as asked by you. Regarding threat of your personal security you can always approach the same magistrate before whom the case is going on to complain about the threat received by you and action will be taken.
Dear Cleint,
Mediator role is important, his statement will be very crucial. Hope you have paid expanses through cheque , DD, mean you must have proof of payment. As of now apply for anticipatory bail.
Settlement recorded in writing and signed by witnesses ?
1. File counter FIR, accompanied by the witnesses who saw all these happenings and proof with video recordings and return of articles etc....
If they have filed a criminal complaint, then you may first try to convince the police with the evidences in your support due to which the proposed marriage was called off and you can submit the evidence of exchanging the items between you both the sides to prove that there was no dowry demand etc.
If the police is not convinced then you may have to challenge their false case in the trial proceedings only or to file a petition to quash the FIR (if registered) and an application seeking to not arrest since there is no provision in UP state for obtaining anticipatory bail.