• I have filed 498a, DP section 3 & 4 and DV case

I have filed 498a , dowry case and DV. However my husband and father in law tried to file counter case and police closed the NCR. They are going to police stations trying to give complaint stating I am mentally ill and trying to get NCR acknowledgement. What are they trying to do? How should I deal with it?
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Hi

They are trying to create pressure on you to withdraw your complaints. 

Like if their NCR gets acknowledged, then they think that this might create pressure on you and under that pressure you may compromise with them and withdraw your cases...

This is what they are upto.

Just focus on the complaints you have filed and contest the cases with boldness .

Be Strong. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

- Since , you have already lodge FIR under section 498a against them , hence no need of worry , then will face the consequences for the same ,and they will have to take bail as per law.

- Only blaming mentally ill is not enough for closing the case. If there is already FIR under 498a , then why you worry for NCR.

- Further, by way of DV case, you should claim residential right from your husband. and after filing a complaint under section 125 CrPc , you can ask maintenance from him as well. 

- Concentrate on your case, and dont care for their counter cases. Law of land is with you. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

you do not have to worry about the same. 
the same will have no bearing on your case .

 

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See just they are trying to create defence also trying to pressurise you for settlement in case your FIR is registered just keep record of there activities and false complaints and pursue your case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Navada police station other than the one would accept their NCR. No need to worry about it as they are doing it after the filing of the case, it would not hold much value in the eyes of law.

You can file a suit for damages against them for the malicious prosecution and the false cases filed against you 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You can file complaint to superiors and then initiiate the complaint in court through magistrates

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

Let them try all tactics. Unless the police finds substance in the complaint they cannot do anything.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File private complaint before magistrate under section 156 (3) of cr pc to direct poluce to investigate and submit report 

 

2) in your complaint enclose evidence on your possession about dowry harassment you were subject to by the accused 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8161 Consultations

Dear Madam,

Nothing to worry. NCR means it is in civil nature or family disputes. So please refused to register the case. You may get a sanity certificate from NIMHANS to so that you are not insane, whenever such situation arise. You may get issue a legal notice claiming huge compensation from them for filing false complaint.

Kishan Dutt Kalaskar
Advocate, Bangalore
6244 Answers
500 Consultations

You cannot stop them from filing the complaint but if the complaint translates into FIR then you can avail your remedies which include filing a petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

They are managing police. Better file FIR than only they will nabbed. Police cannot reuse to register FIR and close  them matter by through NCR.

No case made out against you, Approach women cell/commissioner if police do not register FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

No need to worry, 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.

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

1. They are just trying to create pressure on you for withdrawing the complaints against them. 

2. No need to worry just keep your stand strong they cannot file any complaints with police against you. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You just wait for the notice from police in this regard.

On receipt of notice you may participate in the investigation and deny the allegations in your statement.

If necessary you may lodge another complaint for harassing you.

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

1. You can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

 

2. Thereafter police will register FIR based on your complaint.

 

3. However, you can proceed with your Dv case.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

Dear Sir,

They may file 
Below is a list of counter cases.

32, 120B, 
167 (investigation cannot be completed in 24 hours), 
182 (offenses committed by letters),
191 (transfer on application of the accused), 
197 (prosecution of judges and public servants), 
199 (defamation), 
200 (examination of complainant), 
201 (Magistrate not competent), 204, 
209 (triable exclusively by Court of Session), 211, 
249 (absence of complainant), 
250 (compensation for accusation), 306, 
321 (withdrawl from prosecution), 
323 (commit to Session Court), 355, 378, 379, 
384 (summary dismissal of appeal), 
392 (judge of Court of Appeal are equally divided), 
406 (criminal breach of trust), 420, 
467 (period of limitation), 471, 
497 (adultery), 499, 
500 (defamation), 
504 (insult with intent to provoke a breach of peace), 
506 (criminal intimidation), RCR 
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.

Also u/s 9 of CPC (law of torts), claim damages for loss of consortium

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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