Yes. As you have guessed your inlaws saw an opportunity to settle the matter with you by way of counter case. Which is again very futile. I suggest you to approach High Court of Karnataka by way of Criminal Petition to quash the Complaint against you.
Filed 498a against my in laws and husband
Hello Learned Counsel, my case is a very genuine dowry harassment and domestic violence case. I have filed 498a and Dowry act, 504 against my in laws and husband. Now i have complained to National women commission as well, i have got a notice from police to attend enquiry since women commission registered the online complaint. Chargesheet yet to be done. Now my inlaws and husband have filed a harrassment case which is a NCR as of now. So are they under pressure or they have filed this NCR to talk and sort out the issue or for a settlement? Need your opinion from your experience what this means?
Asked 4 years ago in Family Law
Religion: Hindu
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16 Answers
It may be the case that to create the Pressure they have filed the NC, though NC have no implication you can record your statement before police that they have filed false case.
The objective is to harass you by filing counter cases against you so that you agree for settlement
Theyvhave filed this to harass you. They too want to show something against you. In case there is a settlement then they too will have something.
Hi
The main reason for them to file case against is a counter blast to the cases file by you.
In turn they are applying pressure on you for settlement.
Dear Madam,
To avoid registration of FIR against them they might have lodged false complaint. You can wait for getting charge sheet to be done.
Non-Cognizable Report..The law of land has classifed criminal offences as non cognizable and cognizable. So far N.C.R as defined under Cr.P.C. is non cognizable offence, which means the police cannot take cognizance or action if NCR is made.
What is difference between FIR and NCR?
On an FIR, “First Investigation Report” and a section of the IPC is clearly mentioned, whereas on an NCR, “Non-Cognizable Report” is written.
1. No FIR will be lodged by police against you considering that you have already filed 498A FIR.
2. Police will close the NC after recording of your statement.
NCR is nothing only to harass you, fight the case on merit with the help of the advocate who deals in the matrimonial criminal cases. if possible than settled the matter with your terms and conditions.
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Commission will prepare it`s inquiry report and may send to concern polcie station, so present your case effectively with proof, Police than definitely will file charge sheet.
In laws NCR is after thought, will close after recording your submission.
Dear Madam,
NCR itself might have brought shivering in your in laws and husband. Nothing to worry Charge Sheet will be filed against them.
Hi,
It is suggested that you press your case at the time of hearing.
- Since, you have filed dowry harassment case under section 498 A/504/34 IPC , and also domestic case against them , so, they are facing consequences for the same.
- They have to take bail from the court , even after filing of charge sheet they will have to appear before the court with their respective sureuties. Otherwise NBW will be issued.
- Hence, as a counter blast they have filed complaint against you.
- No need of worry for the same, you can also lodge your complaint to the police for threatening and harassment as well against them.
It's a good thing they will do thorough inquiry and the same will benefit you to get justice
In a non-cognizable case, the police does not have the power to conduct any investigation without the orders of the court. Therefore, the police will not conduct any enquiry in a non-cognizable case. Moreover, the police does not register any FIR in a non-cognizable case; it merely enters the details of the non-cognizable case in the General Diary / Station Diary of the police station and also in the Non-Cognizable Register. It goes without saying that the police does not have any power of arrest in a non-cognizable case.
The are not under pressure but they want to put you under pressure to start the negotiations with you.
They just want create pressure on you so that you don't file other cases and withdraw current complaint.
They have filed a counter case to harass you and put pressure on you so that you will withdraw all your cases filed against them.
You dont worry about the NCR they have registered against you, until it is not converted into FIR, you can remain silent about it but cooperate with the police for inquiry on that.
