First of all file an anticipatory bail application before the district court. If it gets rejected then file in the high court.
After that file a petition for fir quashing in the high court.
My wife has filed 498a and DP Act on me, my brother, my sister, and my mother
Wife has filed 498a and DP act on me,mother,brother and sister , We stay in another district my family would be arrested?until the bail is granted. She stayed only 2 months with family and rest 16 months we alone stayed. Can I quash this FIR? Plz suggest how to save my family and keep them away from this
Asked 6 years ago in Family Law
Religion: Muslim
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17 Answers
Yes if the case is false and merit less then you can quash it in high court.
Quashing is to be done only in exceptional circumstances
2) wait for police investigation to be completed and charge sheet filed
3) then only based on legal advice decide your next course of action
4) most probably name of your family members would be dropped in charge sheet
5) you and family members can now apply for anticipatory bail from sessions court
1. first of all apply for the anticipatory bail to avoid police harassment,
2. thereafter, you can opt for the quash petition based on the grounds,
3. if you have some solid grounds you can go for filing the quash petition in the concerned High Court
Dear Sir,
Nothing to worry. Just obtain anticipatory bail before the Sessions Court. Then file quashing petition and the FIR WILL BE QUASHED AGAINST ALL. You have several defenses.
1. In 498A cases arrest has become exception than rule. However to avoid possible police harassment apply for anticipatory bail asap which is likely to be allowed.
2. Short duration of stay in matrimonial home is no ground for quashing.
3. There is nothing to get panic. Take bail first and contest the DV case on merit in which there is no question of arrest.
Immediately take Anticipatory Bail. Wait till charge sheet is filed, thereafter on perusing the contents of charge sheet, you can go for quash.
Once you take Bail, the matter will subside, do not spend money and energies unnecessarily. Use the same in collecting the proofs / evidence to support your case, followed by filing for Quash.
If you cannot wait for that long, go ahead and file for Quash.
1. You and your family may apply for anticipatory bail after same is granted a quashing petition before high court can be filed to quash the FIR.
2. See your family and you can file separate quashing they might get relief as they were not staying together.
If she is away from your family right now from all current situation then how she can file 498a and DP act case thats all false you have to prove in the court of law.
In general what human being talk two days before that is not remember in his or her mind so 16 months before your wife remembered all things.
First try to fights against false complaint raised by her, secondly get the bail and don't go for quashing the complaint instead fight for false complaint. she should know what are the consequences of false complaint.
1. No opinion can be formulated on the prospects of filing quashing petition unless FIR is perused threadbare.
2. Immediately apply for anticipatory bail to preempt arrest and detention.
Hi
Go for a settlement.
No there will be no arrest.
Get anticipatory bail done for all
If divorce is finalized then would recommend you of giving some alimony and go for mutual consent divorce.
Thanks
Instead of thinking of quashing the FIR, first of all you apply for AB for all the accused, get enlarged on bail, wait for the police to file charge sheet before the trial court and then you may apply for quashing the charge sheet on the support of documentary evidences and merits.
File quash petiton in HC. Also apply for anticipatory bail. Court may delete mother and sister name.
You must file writ before high court. In lower court if you appear than you will have to seek bail and then investigation will proceed. Alternatively you can participate in investigation and prove your defence before I.O. If he is convinced he can close the case without your arrest.
- In the case of Ashish Dixit vs. State of UP & Anr. the Supreme Court has held that a wife cannot implicate one and all in a Domestic violence case and other cases.
- Hence, the relative of the husband ,who are not living under one roof , cannot be made party under the provision of domestic violence and other cases.
- Since, she stay a limited period with you family members , hence they will get bail easily from the court.
- Better , file anticipatory bail to be relaxed from the fear of arresting.
- Yes, you can approach the High court for quashing the FIR, if the grounds are sound .
1. No your family will not be arrested, Apply for anticipatory bail in sessions court.
2. Yes your family members can file quashing petition in High court and pray for stay on proceedings against them till disposal of petition.
Dear Sir,
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The process of getting Anticipatory Bail in 498a
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
chances of getting anticipatory bail 498a
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
Anticipatory Bail in 498a[/caption]
Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.
Grounds to argue 498a bail application
- Old parents this ground works if parents are old.
- Prior divorce petition pending.
- Strong roots in society
- Ready and willing to join investigation.
- Vague allegations
- Delay in filing FIR
- Return of streedhan articles.
Courts View
Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.
