• Fraud FIR is registered u/s 504, 506 and Dowry Protection 1961 u/s 4 and 5

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?
Asked 7 years ago in Criminal Law
Religion: Hindu

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12 Answers

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

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

First take Anticipatory bail in the same from court. Later you can go for quashing of this false Complaint in high court

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  • Proceed and cooperate with the investigation and give the reason for calling off the wedding along with the any proof
  • Approach High Court under section 226 requesting from any arrest;

Furkan Ahmed
Advocate, DELHI
16 Answers

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 ? 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

  1. As per the information mentioned in the present query, makes it clear that the matter had already settled between both the parties, afterward they filed the FIR under different section of IPC.
  2. Let me tell you that the FIR would not at all stand good before the court to pursue, so would amduggest you to file the quashing of the FIR on merits.
  3. As this can never be the situation that firt take everything back and mutually settled the matter then go and file a FIR.
  4. You should call for the quashing the FIR as you may have the proofs of mediation meetings also, and if not then mediator would have to come forward and give his statement.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1.  File counter FIR, accompanied by the witnesses who saw all these happenings and proof with video recordings and return of articles etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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