• Help me

Name- Sharry 
City- Delhi 
1. Can all of you respectable people suggest me what can i do in this situation. 
My wife filed a fake complaint against me that "I was beaten" when i went to their parental home for take her with our son back to her metrimonial home. 
2. She lives her perantal home at another City since last 2 years with my son without my wish. 
3. When complainant not agree to returned with me for her metrimonial home, so i came back to my home
 4.when i was on the way to my home i received a call from PS and S.I told me that my wife filed a complaint in thana against me regarding beatan by me to her and if I didn't came in P.S they will take up me from my home.and after some time she filed her medical certificate in P.S.

 5. After that i immediately filed ancipatory Bail 
6. Currently I am on interim anticipatory bail against this fake complaint which is filled by complainant (Wife) against me.
 7. 11 mothes later, after granting my interim anticipatory bail now complainant file a complaint CAW cell against me and my family. 
8. I.O of CAW cell called me and gave a date and time me for meeting with complainant. 
9.I.O CAW Cell deliberately refuse to sent me any written call letter to present me in CAW Cell when I demand a written letter from I.O CAW Cell. 

I ask some question from all of you respectable persons 
1. Can complainant file a complaint in CAW cell against us at this time when her first complaint is not decided and under investigation stage at this time ?
2. Complainant leveled various fake eligation on us in her complaint who is filed CAW Cell and also leveled previous same eligation in her CAW Cell complainant in which currently i am on bail. 
Please help and suggest me that what can I do at this whole scenario.
Asked 6 years ago in Family Law
Religion: Sikh

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19 Answers

It is necessary  to peruse both complaints filed by wife 

 

2) objective of CAW cell is to help in reconciliation between parties

 

3)if allegations in both complaint are same draw attention of CAW cell to fact that second complaint is verbatim copy of earlier complaint 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. The first complaint pending in PS is for beating etc, , whereas the second complaint filed in CWC cell is for cruelty due to dowry demand , and hence both are separate and maintainable.

2. You should appear before the CAW Cell without tension and tell the truth before the official there , and further , if you will not appear , then they will send the complaint for lodging an FIR under section 498a

- The official in caw cell not having power to arrest , they will only try to reconcile the dispute . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. There is no legal bar in lodging a complaint with CAW even after filing a case in court or having a order passed against her.

2. However if there was previous complaint with the CAW cell and the same was closed due to lack of proof then subsequent complaint on the same facts and cause of action does not lie. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If someone file false murder case against you what you will do? Even if you do not do anything onus to prove your guilty lies with the prosecution . 

Let them prove your guilty . It would be very difficult to prove false case. 

Ofcourse you must engage one criminal lawyer if you are not aware of criminal law.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. another complaint can be filed, however, the same can be quashed,

both filing and quashing depends upon facts and grounds,

2. engage a prudent counsel and defend and counter the cases

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Yes it can be filed 

2. False allegations must be proved. 

3. Don't worry if you have merits you can go to high court for quashing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. See she can file a complaint as on previous coming no FIR is filed also she may have modified her complaint and facts so you see same and based on same further course can be taken if FIR is registered you can file quashing before the high court.

2. You can seek anticipatory bail appear for counselling if there is chance of settlement go for same and if not and FIR is registered file quashing before high court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  Yes she can give another complaint on the fresh cause of action and not on the same old cause of action.

2. You can challenge her case properly in the trial proceedings accordingly.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir

The following information may kindly be read.

Crime against Women Cell, mostly referred to as CAW Cell, is also known as Mahila Thana or Parivar Pramarsh Kender in various states in India, though I will use CAW Cell for the sake of consistency. The primary job of these Cells is to bring about reconciliation between the warring couple. Mostly now a days in Dowry Harassment cases also known as 498a;  cases or Domestic Violence cases. CAW Cells try to bring about reconciliation between the parties. In Delhi, the first CAW Cell was established in 1983 at Nanak Pura, under section 19 of Delhi Police Act, 1978. In a Delhi High Court Judgement by J. S.N. Aggarwal in a case between Smt. Jasbir Kaur and the Govt. of NCT Delhi, the petitioner asking for abolishing of the CAW Cells, the court while disposing of the petition remarked that

“The creation of CAW Cells for investigation of crime pertaining to women, in my opinion, does not cause any discrimination on the basis of sex for the CAW Cells have been constituted with a social purpose so that the crimes relating to women are dealt with sensitivity. CAW Cell is like any other specialized wing of the Delhi Police like Special Cell, Crime Branch, etc., where firstly an attempt is made to bring about unity between the two spouses so as to make the marriage a success. On the failure of these reconciliation attempts, the law is allowed to take its course. Thus no fault can be found with the creation of CAW Cells.”

 

In other Judgements of Delhi High Court, it was held that CAW Cell can only make reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is further held that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation.

CAW Cells cannot take suo-motu action that means that the complainant has to visit the Cell and give her complaint in writing. After receiving a complaint, CAW cell examines the alleged offences followed by counselling session of the complainant. However, if the complainant is unwilling to take back the complaint, request letters are sent to the opposite party asking them to appear for the purpose of conciliation. In case of a matrimonial dispute, the complainant wife is asked to submit a list of istridhan kept at matrimonial house in case the wife is no longer staying with the husband.

Generally, when the husband visits the CAW Cell in Delhi for the first time, a counsellor tries to ensure patch up between the warring spouses. If there are any chances of a mutual reconciliation, the process is carried forward at future dates, else the husband is given a list of istridhan to be replied by the next due date given by the counsellor. It is most important that the husband should apply for the complaint through the RTI cell of the concerned CAW Cell. From a husband’s perspective, it is important to maintain calm and display confidence. Please be informed it has been noticed that the wife or any relative from her family might try to instigate the husband or his relative during the conciliation proceedings. The counsellor maintains the record of each proceeding and ensures the same is cross-signed by both the parties. It is in favour of the husband to attend each and every proceeding at CAW Cell. After a few meetings, generally between 5-7 meetings and after a meeting with the SHO/ACP of the CAW Cell, if there is no scope of any reconciliation between the spouses, the complaint is referred to the legal cell of the CAW cell. The legal cell goes through the complaint and makes its recommendations for filing of FIR at the concerned Police Station. From a husband’s perspective, this is the most appropriate time to seek a Notice Bail/ Anticipatory Bail.

Attending proceedings in CAW Cell is optional but it is advisable. Especially in Delhi, there would be problems in getting Anticipatory Bail if one does not attend reconciliatory proceedings at CAW Cell.

The procedures can vary in other states, i.e.
a. In Punjab, Haryana and Himachal Pradesh, no list is provided to husband generally and the same is brought by the Police while opposing the bail stating that recovery has to be effected.
b. In UP, as per the directions of the Allahabad High Court, FIR is registered immediately and then 30 days time is provided for reconciliation.
c. In Bihar and Jharkhand mostly cases are registered by way of complaint to the court, hence the reconciliation proceedings happen during a bail.
d. In Maharashtra, there are no CAW Cells and the FIR is almost instant in the Police Stations.

I would update the procedures adopted in other states as well and when I get some reliable information.

The crux is that CAW Cells/Mahila Thanas etc. are merely for reconciliatory efforts, and it is not prudent to run a mini-trial there with all the evidences. The activist mindset should be left behind as even after these proceedings the girl can give supplementary statement thereby countering your evidences. Evidences should strictly be used at the time of trial.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

there are many things involved, and that can not be advised in nut shell.
you may call us through this portal for clarification and advise.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, And you are on interim protection. NO arrest. Tell the CAW to send notice than only will appear.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. No second complaint will not be maintenable on same set of allegations related to same incidents.

2. You should definitely go for meeting in CAW and tell them that another complaint in still pending on same allegations and this complaint is not maintenable.

3. If they still take actions against you then you can make complaint to SP and also file a case against police officials For harassment in court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Your bail would not be cancelled merely because you agree to mediation 

 

2)police would carry out investigations of first complaint and submit closure report or charge sheet 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The power to cancel the bail rests with the court and not with the Police. The court which granted the bail alone can cancel it.

you should move to High Court for quashing the case against you under section 482.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You do not have to do anything about that.

You may attend the mediation before the ADR center.

They cannot get your bail cancelled for any reason.

The court will not entertain any such application seeking cacnellation of bail for flimsy or trivial dispute reasons.

There is nothing wrong in attending the mediation before ADR, if the mediation fails then the case may come to the court by the police filing the charge sheet which can be challenged in merits.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. See in ADR centre the matter is referred for mediation between you and your wife. In case she is ready to settle and withdraw the complaint you can go for same.

2. See in case you don't appear for mediation the mediation shall be treated failed and she can proceed with FIR.

3. See in case there is no FIR the complaint before police doesn't directly go to court so you cannot seek final disposal of case in such way.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are on bail. Ignore them until notice in writing. Just don`t do anything and wait for court hearing. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can contest the trial or file quashing application in high court to quash the same if your case has merits. You can also seek discharge before trial court if charge sheet is filed in your matter

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

. Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again. 
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI. 
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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