My parent (mother) aged 70 yrs (retired from govt. of india) was pushed from the stairs by my wife, during a heated argument , as she used to fight everyday and mentally harass my mother... ( which in advance 3 days on 31st march before the incident had been reported by me to the local police in the way of a information application that she harasses my mother and myself and forces me to leave her, and fights everyday with my mother and misbehaves with her ) Hence after this incident on 3rd april 19, the my mother filed a report in the local police station by dialing 100 ( which was a ncr not fir) and her medical was done through the police in a govt. hospital where it was stated that she is hurt ( medical reports available), but no need to admit in the hospital...but i admitted her to a private hospital saying that she fell from the stairs , she was in the hospital for 4 days( reports available) Then same day she also filed a report in the same police station that my mother and myself torture her for dowry and i force her for prostitution, but the police sent her to the caw cell noida and she filed the same report at caw cell noida ( which later on was withdrawn by her, by telling the caw cell that she is not interested to file a complaint) I feel that this complaint was taken back by her because she was in kanpur that time and was not interested to come to noida to appear My mother then filed a dv case against my wife...for which she has been sent a notice also from the court to appear ( she has not appeared on the first date) Then from kanpur she had made a complaint which was sent to my local police station at noida thru sp office kanpur, and cc to the local kanpur thana too.... but the i,o, here at noida after investigating sent a positive report to sp office and the local thana too in our favour ......but now Suddenly the girl has been able to file a fir against me and my mother in the local thana for which i am getting calls to appear in the local thana and give bayans Question 1) will we get arrested Qestion 2) shud we send a complaint against the local police station that they have filed a wrong fir to the below :- and follow through rti *police commisioner office *dgp of police *chief minister office *deputy commisioner office *home affairs departtment and chief secretay office (because mother is a senior 70 years age) *prime ministers office *president office *state human rights commisions *national human rights commision *and women commission as my mothers name is their in fir Question 3) shud we apply for anticipatory bail in local court in kanpur or shud we take a stay from high court with all facts and a request to quash the fir and also request to remove my senior 70 years age mothers name from fir Pls advise
There is no automatic arrest
2) police would issue you notice to record your statement
3) apply for and obtain Anticipatory bail from sessions court
4) wait for poluce investigations to be completed
5) quashing is to be done only in exceptional circumstances
Hi,
You are suggested to first know the complaint filed by your wife in PS and then you may appear with your advocate depending on gravity of aapplication and her allegations. If there is a FIR, first get the anticipatory bail and then go for bayan.
You should first of all get a copy of the fir and then apply for anticipatory bail. After getting the bail you should go to the police station along with a lawyer.
Regards
Dear Sir,
1. No arrest in dowry cases till charges are verified, says Supreme Court
Expressing concern over disgruntled wives misusing the anti-dowry law against their husbands and in-laws, the Supreme Court on Thursday directed that no arrest or coercive action should be taken on such complaints without ascertaining the veracity of allegations.
Acknowledging a growing trend among women involved in marital discord to abuse Section 498A of IPC to rope in their husbands’ relatives — including parents, minor children, siblings and grandparents — in criminal cases, a bench of Justices A K Goel and UU Lalit said it was high time such frivolous cases which violated the human rights of innocent was checked.
3. Yes, it is better to get anticipatory bail from the court. and also file Writ petition u/s 482 quash the FIR.
Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act. You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them. Few FAQ's are as follows:
http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
The Maintenance and Welfare of Parents and Senior Citizens Act 2007
What are the provisions for protection of life and property of senior citizen provided in the Act?
Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.
What are the provisions for prevention of abandonment of senior citizen provided in the Act?
Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.
1. You have not mentioned which section(s) the FIR has been filed under. Presuming it has been filed under 498A police is bound to first serve a notice to you under Section 41A Cr.P.C. before arresting you. Once the notice is served then you apply for anticipatory bail immediately.
2. Once FIR has been registered then no complaint to any of the authorities you have named can cancel it. Only the High Court can quash the FIR.
3. Without waiting for the 41 A notice you can immediately file a petition for quashing of FIR in the High Court and seek a stay on the FIR itself, but this should be done only if the parameters of quashing of FIR are fulfilled.
No arrest, also submit that she has already filed FIR in other thana, hence her this FIR is not maintainable. For same incidents, 2 FIRs not permitted.
File petition for quash of FIR. Obtain closer report in the FIR field in Kanpur.
Report to police and describe all the facts. Record your mother's statement also.
No need to go for AB now
In case of arrest you can apply for regular bail.
1. If you apprehend arrest, you may better obtain AB and then appear before the concerned police station.
2. How do you know that this is a wrong complaint, you have not even appeared before the police for giving statement from your side, neither the case has come before court for trial proceedings and the case is not proved as wrong, then how can you conclude that this a a false case?
3. First obtain AB, ascertain facts, allow the police to file the charge sheet and then you may plan to file a quash petition before high court.
there could be no automatic arrest.
First and foremost you should prefer an Application for Anticipatory Bail under Section 438 of CrPC before the District & Sessions Court. You should file the Application for Anticipatory Bail in the light of the Judgment (Arnesh Kumar v. State of Bihar). One you are granted Anticipatory bail you should prefer quashing petition under Section 482 of CrPC..
Apply anticipatory bail and then move HC if rejected
