Hello, 

Mediation has been made mandatory in cases of matrimonial disputes. 

Even if the mediation starts then also he can not escape the same. 

Also, increase the gravity of the offences and ask them to lodge FIR since the charges are heinous in  nature. 

Regards 

1. See if you have filed a police complaint and they are not registering FIR complaint before the Superintendent of Police of your district in on the same also FIR is not registered file a petition before High court for direction to police to register the FIR.

If the police is not taking any action on the complaint and is just evading to even register FIR, you may approach the top police officer if the city with a similar application seeking his intervention  and direction to the local police officer to initiate legal action on the pending complaint.

If this process also fails to invoke any proper response, you may file a petition under section 156(3) Cr.p.c. before judicial magistrate court seeking direction to the concerned police to initiate proper legal action on the complaint and if necessary to register FIR. 

You have been advised the procedures to be followed in this regard, if you are still anxious about knowing any other procedure in this regard, you may contact a local advocate who may suggest you any other short cut method.

1. In many states as per guidelines of Supreme court the police in stead of automatically registering FIR sends the dispute to mediation to save the marriage from getting broken on misapprehension and misdirection. 

2. However if the husband ever on repeated notices doesn't turn up then the complaint would be converted to FIR. It can happen if mediation fails as well.

3. Even after 156(3) the police can mediate before proceeding further. 

- Your sister having is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Tell her to file above cases against her husband , then he will pray from her . 

- Lodging FIR after filing 156 can take much time , hence file the cases against him.

Before filing FIR police try to help parties in resolving their differences 

only if mediation fails is FIR lodged 

If you go in for 156(3) It would take more than a year 

immediate registration is not possible 

You need to file a complaint with superior police officers. If still not done then file compliant to magistrate for seeking registration of fir

1. approach the higher police officials regarding non-registration of the FIR by the concerned police,

2. opt for 156(3), may be decided within 10 days,

3. A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging the FIR.

You need to appoint An Advocate who may file Writ Petition under Articles 226 and 227 against Police Station under writ of Mandamus seeking  direction from Allahabad High Court through Virtual Court video Conferencing before Division Bench to Police to register FIR against accused who would flee the Country because of shoddy conduct  ,efforts and actions of police there by according opportunity to distract legal action. 

Appoint Senior Advocate immediately for immediate hearing before High Court for direction to police under the writ of Mandamus to register the FIR immediately without undue pressure and delay to meet the ends of Justice in the matter.

If you can prove that the accused can fly to foreign along with other facts, I can help in taking an order from HIGH COURT for registering FIR without taking the course of Section 156(3) CrPC.

Send the for through speed post with AD to the SP and the OC of the local PS, then file a complaint before the cjm or acjm under section 156(3) crpc.

Regards 

You should file a complaint before a magistrate under 156(3) immediately. It will take a few days considering the situation. 

for 156(3) CrPC, it might take 2-3 months if the court are opened and depending upon the court current cases on record.

why don't your sister make complaint in the Commissioner office for above situation.

If he isn't cooperating in the mediation proceedings and/or trying to dilly-dallying it; the  police should rightfully close the chapter of mediation and lodge a FIR. 

Even otherwise, in light of the facts stated by you, it seems that the mediation is failing; and in the said backdrop the correct approach is to take a FIR against the husband and in laws without waiting any further.

In this matter, I will suggest you to write to the higher ups in the Police Department, requesting them to lodge a FIR in the matter.

Dear Sir,

The CrPC 156(3) is the best option asking the police to register the FIR and get the investigation done. 

If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer. If the Police still deny  lodging your FIR, you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

More particularly states that if the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analyzing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate investigation in the matter.

If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

if the magistrate forward to your complaint then very soon the police register the FIR.

you need to approach the concerned magistrate and file an complaint under section 156 (3)c.r.p.c so that the court can take action. 

Wrte down the application to the SP of your area. That should work otherwise 156,3 is the option and that would take around 3 4 months for FIR to be registered 

1. Police will not register FIR under section 498A without counselling sessions between husband and wife due to Instructions from supreme court of India.

2. You need to add other allegations against inlaws so that police will register FIR without mediation between both.