I married to girl in march 2015.After 20 days of marriage girls parents filed complaint in Noida police station.after doing court marriage in Delhi (Tis hazari court) I sent all the marriage documents and a legal notice to girls house and vill police station and also to SP office of Haryana where girls belongs to.
Because I already sent all marriage documents to girls house and police station they could not file FIR in Haryana.so they lied to Noida police and filed kidnaping case(366 IPC) in Noida.noida police called my father on mobile and told that girls parents filed so an so complaint so come with the girl to Noida to be present front of megistrar and girls statement will be taken and then case will be closed.
But the problem is I am in Mumbai nw with my wife.mumbai is my hometown.going Noida is not safe for us because girls parents can do anything before marriage they have given us many threatnings also. So any case we cannot got Noida police even if they give police protection we don’t want to go.even the girl have written an affedevit to Noida police that it is unsafe for her and all of us to come Noida hence we cannot come there.now that police person is threatning us on call that they will arrest me if he comes to Mumbai from Noida.so better come to Noida.
We talked to our local police here and showed all our marriage documents.mumbai police says there is no point In calling there.he can transfer the case to Mumbai and we can process it to Mumbai court and even Mumbai police incpector talked to that Noida police inspector but he still says he cannot transfer the case like this,there is only one way and that is that we have to go Noida. We also asked him that he can come to Noida and take statement in front of Mumbai megistrat but he is refusing everything.
Now even girls parents want to withdraw the case and they met Noida police to close this case but even though we have mutual understanding in both familys now.but still he is not ready to cancel the case or somehow do something so that we don’t need to go Noida.
Question:
1.is it possible that without going to Noida somehow case can be cancelled in local police station(Mumbai) .considering the fact that now even girls family want to withdraw the case?
2.i read about “Zero fir” so can the fir be transferred to Mumbai now under “Zero Fir”?
3.Police person told that he filled imposed 366 on me.so without taking girls statement how he can file case under 366{Girl is 21 years old }.
4.Is it really required to be present in same state where the case is filled,even though if there is security threat?
Please tell i detail how i can overcome this problem and what i should say to noida police?First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. Yes, take anticipatory bail for which you need not go to Noida. If your wife is above the age of 18 years then there is no question of kidnapping.
2. Yes it can be done but it i hardly done.
3. Police may make mistake and hence there is court for correcting Police.
4. Yes, once case is filed you have to contest it. However once you take bail then you can apply for its tranfer through supreme court.
Dear Querist
my opinion on your queries are as under:
1.is it possible that without going to Noida somehow case can be cancelled in local police station(Mumbai) .considering the fact that now even girls family want to withdraw the case?
Opinion: Immediately file a quashing petition before Allahabad High Court against this FIR and record the statement of your wife before high court, the high court first pass an order for stay on arrest and then issue the notice to Police for their reply of the same.
2.i read about “Zero fir” so can the fir be transferred to Mumbai now under “Zero Fir”?
Opinion: if there is any Zero FIR then only the transfer is possible otherwise not.
3.Police person told that he filled imposed 366 on me.so without taking girls statement how he can file case under 366{Girl is 21 years old }.
Opinion: file the quashing petition is best option and the FIR will be quashed.
4.Is it really required to be present in same state where the case is filled,even though if there is security threat?
Opinion: No need to worry, your personal Presence is not required, if required by the court then court also may direct the police to protect you and your family and appear before the Court.
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1. If you keep evading the police you will eventually be arrested in which event the courts may also deny bail to you.
2. You should seek pre-arrest bail from the court by engaging your lawyer and then appear in the police station with prior protection.
3. The case has been filed in Noida, so it cannot be cancelled by Mumbai police.
4. This is not a zero fir.
5. The statement of the girl was not required before the police could file the case.
6. If your wife is on your side then there is nothing you have to fear. You should take bail and protection and then appear before Noida police.
The police people if they want to trouble innocent people they will go to any extent to do that and yours is a good example.
If the police inspector is adamant, just ignore him and with the help of local lawyer approach high court with a petition to quash and also for a direction to inspector to stay all further proceedings till the case is disposed by high court.
As a respondent the girls parents will be summoned who in turn may express their NOC to it so that the case will be dropped. by allowing the petition u/s 482 cr.p.c.
If the police had registered the FIR ,then only the remedy is to quash the FIR .So approach the Allahabad High Court for quashing petition before against this FIR.Your wife's statement is help for quashing the FIR.Your presents is not required to file quashing petition .But you have to give vakkalath.
conclusion i can see is i have two options A:take anticipatory bail then apply in supreme court fir case transfer to my location/hometown B:Apply for Quashing petition in high court. My Question is A:Which option is better when we compare both 1.applying in Supreme court for case transfer. 2.Apply for quashing petition in high court B:When i will apply for quashing petition and suppose noida police dont want petition to be quashed or even they dont want to transfer case to my hometown(Mumbai) then what will happen? Will court listen to my request or police ? C: What are the chances that court may cancel my petition/request for both (1).applying in Supreme court for case transfer. 2.Apply for quashing petition in high court.?Which is has more chances of success/or which is easy from both? D: If i apply for quashing petition is it required for my wife or me to be physically present in allahbad high court?can it be done in allahabad court without presence of my wife and me,because it is risky for our life to go in that area and we dont trust police protection also?
Firstly, there is no provision for anticipatory bail in UTTAR PRADESH.
Secondly, u can approach allahabad HIGH COURT for seeking protection so that u may not get arrested by the police.
Thirdly, and finally after getting protection from the HIGH COURT u can file for FIR quashing from the ALLAHABAD HIGH COURT only.....
For any further help u can contact me as i am practicing in ALLAHABAD HIGH COURT.......hope i may help u...
It is advisable to first take anticipatory bail application. Alongside you and your file must file a case for protection before the high court. The role of the police is not relevant for transferring the case. It is dependent on the court and its the discretion of the court whether to allow the transfer or not. the police will anyways file its objections but that doesnt mean that the court will not consider your grounds.
The presence of wife and you is must hence it is suggested above to file for police protection. If you dont trust police protection and you and your wife dont appear in court, the court may proceed with the kidnapping case ans presume that infact you have kidnapped her. Hence it is advisable to appear before the court to prove that you and your wife both legally married and your wife needs to make a statement that she married you out of her own violition.
1. The urge of the moment is to apply for bail lest you are arrested. In quashing the court may also give you protection. So take the call soon.
2. The case cannot be transferred to your place. So going to SC will be futile.
3. The court listens to both the parties and then passes its judgment which can be challenged in a higher court by the losing party.
4. Neither you nor your wife is required to be personally present in the High Court unless the HC mandates your presence. The presence of your lawyer shall ordinarily suffice.
5. If you find it risky to go to the court then seek police protection.
For hearing on quash petition, the petitioner need not attend the court in the normal circumstances but in your case, if the lawyer opines that her presence may create a favorable situation, she may accompany you but you should keep her movement as very closely guarded secret.
Since this is a false kidnapping case and the situation is strongly in your favor, it is advisable to go for quash alone and not for transfer.
1. Lodge a police complaint at Mumbai police station alleging that your inlaws are threatening to kidnap your wife and assualt you for which they have illegally filed a FIR at NOIDA police station who are now insisting you two to come to NOIDA. Let there be an official record of such threatening and that NOIDA police is forcing you to come to NOIDA,
2. Send copies of the said complaint to the concerned S.P./D.C of Mumbai and NOIDA by speedpost,
3. After that you can file a Writ Petition before the Mumbai High court against atrocities of NOIDA Police seeking relief.
1. If your inlaws want to withdraw the case/fir under affidavit, then you can take both the action i.e. at Supreme court or High Court,
2. Since you both sstay at Mumbai the Supreme court option sound better.
In your case wife has no complaint then better thing is to file the petition for quashing the FIR.