• No action taken by police since 5 months after section 377, 498A, 506, 3, 4

I have filed a complaint in up police station in november since then no arrest has been done against my husband . I have filed above sections against him and my in-laws. After 15 days of marriage , they sent me with my father and didnt call me after that since we didnt meet their demand of buying a new house. They are asking me for divorce and said they will get their son married to another gal and u cannot do anything about it .Recently they filed a written petition to quash FIR in allahabaad high court but it got dismissed. I am from mumbai and since my father in-law is a high court lawyer , i had to file a case in up where the marriage occured . Police are delaying further process , please guide me what should i do..I want my rights .. its been more than 1 year of marriage , he is family is relaxed and having fun . My life is miserable.
Asked 1 year ago in Criminal Law
Religion: Hindu

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14 Answers

File writ petition in HC to direct police to complete investigations within stipulated period of 3 months or so and file charge sheet 

 

2) mention that FIR filed more than year back but no progress in the case 

Ajay Sethi
Advocate, Mumbai
82097 Answers
5157 Consultations

5.0 on 5.0

Immediately update the situation to the Higher Officials of the Police station where you lodged complaint i.e., ACP, DCP, CP & Home Minister, followed by an RTI application seeking action taken report.

Inspite of above, if you do not get relief, you can move High Court by filing Writ Petition seeking direction against the concerned police to investigate and file report within certain time period i.e., 2 to 3 months.

You can append the Order Copy of dismissal order passed in their Quash Petition.

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

You could have filed the complaint in mumbai, 

File DV, maintenance in mumbai,

You can approach the concerned high court to direct the police to complete the investigation

Suneel Moudgil
Advocate, Panipat
2343 Answers
4 Consultations

4.7 on 5.0

You can file a petition before high court seeking change in Investigating officer and agency and for fair investigation as police is taking no steps. Also you have to check they have obtained any anticipatory bail or no coercive action order in same or not to avoid arrest.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
131 Consultations

5.0 on 5.0

Your medical done by police agsisnt charges of 377 ? 

You registered FiR or mere complain ? If FIR than for same cause of action second FIR is not maintainable.

And in 498a cases, arrest of accused is exception. You better file case in your city to claim maintiannce and compensation etc.

Second marriage is void and criminal offence till divorce not granted.

Call Investigstion officer or through advocate to ask for status of investigation and why didn't you impose sec 406 IPC to recover whatever given ?

Sec 406 and 420 FIR you can file at your city. 

When FIR will file and court will grant you maintainance than only pressure will mount on them.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

I don't understand why did you file it in Uttar Pradesh?? You could have filed it where you currently live. You should file an application in the district court and the high court for expeditious disposal of the case.

What is the stage of the case in court??

Rahul Mishra
Advocate, Lucknow
12251 Answers
29 Consultations

5.0 on 5.0

you have to move to the competent court so due to direction of the court they are bound to take action otherwise they will lose there job.

Mohammed Mujeeb
Advocate, Hyderabad
19002 Answers
18 Consultations

4.5 on 5.0

1. Police is not bound to arrest the accused even after the registration of FIR.

2. Since there is police inaction the remedy in your hands is to file an application before the magistrate to seek a free, fair and speedy investigation. The magistrate can call the status report and pass necessary directions to police.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

Hi 

File a RTI application seeking the status report of the FIR .

After you get the reply of that RTI then make a representation in court regarding the police officials not doing their duty.

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You may approach the higher police officer with a request for direction to the concerned police to file charge sheet at the earliest or you may approach concerned judicial magistrate court with an application under section 156(3)Cr.p.c seeking direction to the concerned police to initiate expeditious investigation and file charge sheet in view of inordinate delay. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

If you are in mumbai you can lodge a complaint in mumbai. You need not have to go to UP.

If FIR is lodged the case will proceed accordingly. They will have to face trial and may get convicted if your case is proved. Hence they wanted to quash the same.

You can file a complaint under domestic violence act in mumbai if not already done. That will give you a quicker remedy in terms of shelter and interim maintenance. 

 

 

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

- Since the petition filed by them dismissed , then the acts of delay by the investigation officer is against the law.

- Further, as the said offence was committed in Allahabad , and the FIR was lodged in UP , then the jurisdiction to file the charge sheet in the said case is also in UP. 

- You should move an application for Status Report of the FIR ,and to change the I.O. of the case before the court , under whose jurisdiction the said FIR was lodged. 

- The Court will itself directs to submit the report of arrest / chargesheet etc. 

- Further, if you want to transfer the said case within your jurisdiction i.e Mumbai , then option is only approach to the Supreme court of India . 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

You can file a complaint before magistrate and seek orders under 156(3) of crpc. Before filing also send the coy of the complaint to the superior officer for in-action

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. You should have filed the complaint in Mumbai where you are currently residing as it is clearly established by Supreme Court that Girl aggrieved can file complaint from the place where she is residing at time of filing the complaint.

2. You can also file petition for maintenance and RCR petition in Mumbai family court against your husband. 

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

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