• False complain lodged at Delhi

Hi
I am from Allahabad in UP and my wife is from Saharanpur again in UP. She works at Delhi. Therefore she has lodge a complaint at Delhi Police Station on false and frivious ground.

I am living in UK. Delhi police has been contacting us thrice through e-mail to report at Delhi police station for fact finding and compromise. I have been requesting them to send us copy of complaint to review and respond. But they have been ignoring my e-mail.

1- Can you please clarify if it is allowed to file a complaint at Delhi, where as we have not met or lived at Delhi? If there was any complaint it could have been filed at police station nearest to the place of incident which in this case is Saharanpur or Allahabad?
2- So far I have been replying to Delhi police to send me a copy of complaint, so that we can review and respond, but they are ignoring my e-mail. Is this a right approach or do I need to do anything else.
Request your suggestion please.

Syed Vaheed Kalim
Asked 6 years ago in Family Law
Religion: Muslim

2 answers received in 10 minutes.

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14 Answers

1. If she is residing in Delhi then she can file a case in a Delhi as well. 

2. If a complaint has been filed then it is your right to get the copy of the complaint.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) wife can file complaint where is presently residing 

 

2) you should visit delhi police station deny allegations made 

Ajay Sethi
Advocate, Mumbai
100063 Answers
8170 Consultations

The officer in charge of a police station where an F.I.R. is registered, is required to give a certified copy of the F.I.R. to the accused on demand. An accused is entitled to get a copy of the First Information Report at an earlier stage.

Hire some local lawyer, he will arrange copy for you and apply for anticipatory bail. If asking for compromise than quite possible no FIR lodge till now.  Reply them straight to supply copy of FIR and if not supplied, you will get ground for bail.

Complain can be file from women place now.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. She can file a complaint from Delhi also as it is legally allowed to file a complaint from the place of current residence.

2. You should immediately hire an advocate you should visit the police station on your behalf.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

1. Without going through the contents of the complaint it is difficult to find out the basis of lodging the complaint. If she resides at present in Delhi then such complaint can be lodged. otherwise she may have resorted to false accusations.

2. The police while sending for mediation is not bound to share the details of the complaint. You may though engage an advocate to find out the contents of the complaint or take out its certified copy if FIR is registered.

3. You can send though any of your relatives to participation in the mediation proceeding. 

Devajyoti Barman
Advocate, Kolkata
23663 Answers
538 Consultations

Dear Mr. Kalim,

 

- Please note that wife is entitled to file the case from her paternal place or inlaws place depending upon where she is residing. If your wife is residing at the filing time of complaint, she may may do so as permitted by the law.

- There is no harm in replying to police however yes you need to understand the grounds for which you shall have to have the copy of complaint which can be obtained directly by them.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

The wife can file the complaint where she lives. If she is living in delhi she can file it.

Regards 


You should send some representative fo the concerned police station who can understand and can resolve the issue otherwise they will register an fir.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. See since she is claiming to be victim and residing at Delhi she must have created part cause at Delhi and has filed complaint in Delhi. 

2. See you can seek anticipatory bail first and then can visit the police station.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A woman can file zero FIR at any place in case of urgency. But if there is no urgency she has to file it at place of incident

You can get it through RTI the copy of complaint

Prashant Nayak
Advocate, Mumbai
34729 Answers
250 Consultations

she can file complaint where she currently resides. 

If police registered FIR against you and you do not join investigation on their asking, you will have to seek anticipatory bail from the courts to avoid arrest. You'll be required in person if you have to join investigation and if other criminal complaints are filed. 

Mohammed Mujeeb
Advocate, Hyderabad
19386 Answers
32 Consultations

You shouldn't have responded the mail of police. But anyway now stop replying to them but send a mail that you cannot reply to them unless they provide copy of complaint. Though they don't provide but legally they should provide. 

There are some provisions which are women friendly and such proceedings can take place however you are not without redressal and you should engage a lawyer in the city where your case is pending and take advice from him because State wise there are some differences in laws.

Gopender
Advocate, New Delhi
383 Answers

1. She can file her complaint at the place where she is presently living. Even complaint u/s498A of IPC can be lodged at her present place , as adjudicatewd by the Apex Court, since it is felt that the harassment/cruel act on the wife is a continuous process extending to the place where she is presently living.

 

2. The Delhi police will complete thsie investigation. You can inform them your expected date of arrival. You can further ask the police to send you copy of the complaint to enable you to give re ply to ensure that the investigation can advance even before your arrival in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1.  She can very well lodge a complaint in Delhi also since she is residing and working at Delhi at present.

The maintainability can be challenged during trial proceedings on the basis of the events that had taken place elsewhere.

2. In fact you may ignore the Delhi police calls in the future, because you will not get any reply from them neither they will cooperate with you. In fact you dont rush to India just for the sake of this complain, let them try to get you and become tired, you can handle the same whenever you find time to travel back to India.

 

T Kalaiselvan
Advocate, Vellore
90266 Answers
2510 Consultations

  1. As per the information mentioned in the present query, makes it clear that your wife as well as police has been trying hard to bring you here so that they can arrest you as all cases are of serious in nature.
  2. Yes, you are absolutely right that she can’t file a criminal case where no cause of action has aver arisen.
  3. But, still police is bound to file the FIR (though they have the power to make an inquiry and the file it, but they usually avoid it).
  4. I would advice you to first get Anticipatory Bail on the ground of apprehension of getting arrested and then proceed accordingly.
  5. In this way, you will get the protection and also the records of complaint.
  6. Otherwise, can also file an application before the concerned MM court under section 207 of Cr. P. C. seeking documents.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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