• Sister in law booked a false DVC

Respected sirs,
I'm from Hyderabad, few days back I shared my problem with you that my sister in law booked a false dvc on my brother, parents, me and my husband and during counseling said that she doesn't have a problem with my brother but she have a problem with my parents, me and my husband who stay in a separate area so she wants my brother to stay separate from parents. As her relative is a corporator they are influencing the police station. Now the situation is they are no making an FIR of her complaint so that we can defend our self in court instead they are calling my brother once or twice a week to police station on the name of counseling in the same process last week they called my brother for counseling but didn't even allow him speak for 30seconds took his phone and made him sit in the cell for 2hours without FIR, later when my brother's friend requested they left him in the evening but still did not do the FIR even on today's date. When my brother is trying to convey his version to SI that he is ready for FIR but not ready for separation from parents and also he is not ready to take the girl back SI is saying that once the FIR is done he will take my brother into remand and if he denies attending counseling they might even come home here we have few doubts and need your guidance please kindly help and clarify following points:
1. Does police have an authority to arrest and remind anyone without any prior legal notice in dvc and 498a cases.
2. People are saying as per supreme court there is no arrest in dvc and 498a, if that is so then how can this inspector talk like that.
3. What is station bail and anticipatory bail, what should we do if SI denies to give station bail.
4. Someone is asking us to request for anticipatory bail with no FIR, is this correct and do we really need to take anticipatory bail right away. 
5. Can my brother ask for a warrant if they all of a sudden come home and ask him to come with them to police station. 
6. We have all the proofs against her allegations her text messages her call records and also the si talking about remind but we are not confident that police station will help us, can we approach court directly with these proofs. Please pour in your suggestions and kindly help us. Thank you In advance.
Asked 5 months ago in Family Law
Religion: Hindu

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16 Answers

Once FIR is filed police has to issue notice under section 41A of crpc to record statement of accused 

 

2) there is no automatic arrest 

 

3) your brother can obtain anticipatory bail from sessions court in case 498 A case is filed 

 

4)court would not grant anticipatory bail if no FIR is filed 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

No DV case is maintainable against you and your husband as you are staying in separate household 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Very simple few things understand clearly,

If the police lodges FIR ask him to provide 41 a notice

If sister in law does not want to stay with parents of husbqnd, make sister in law write it on paper and make her submit at police station tactfully, it will be a very good ground for divorce as per supreme court judgement.

Ans .1.,2.3, - read :

Social Action Forum for Manav Adhikar and Another, the judgment of Rajesh Sharma and others v. State of U.P. and another3 passed by the Hon'ble Supreme Court came in question. In the Rajesh Sharma judgment, the Hon'ble Supreme Court, in order to prevent misuse of S. 498-A, gave a number of directions such as –

One or more Family Welfare Committees were to be constituted by the District Legal Services Authorities in every district. Every complaint under Section 498A received by the police or the Magistrate would then be referred to and looked into by such Committee which would within one month give its report to such committee. Till the report was received, no arrest would be normally effected.The complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area.Further, in cases where a settlement is reached, the District and Sessions Judge or any other senior Judicial Officer nominated by him could dispose of the proceedings and close the criminal case if dispute primarily related to matrimonial discord.If a bail application was filed with at least one clear day's notice to the Public Prosecutor/ complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected.In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine.It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; andPersonal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appear.

4. Without FIR anticipatory bail wont happen and without compliance of 41 a notice and read Arnesh Kumar vs State of Bihar

For further queries feel free to enquire seeking websites consent

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir/Madam,

The said act is nothing but high handedness of the police and the police has no power to arrest or remand any person if he is cooperating in investigation. You are suggested to approach the senior officials of the police and if no action taken against the SI, file the complaint in the case. You are suggested to go for anticipatory bail once the FIR is registered.   

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

Madame from all the facts that you have revealed, I understand that your case pertaining to you, your husband and your brother is very strong and defendable. Please find answers to your queries:  

1. Does police have an authority to arrest and remind anyone without any prior legal notice in dvc and 498a cases?

A. No. However, he has authority to investigate. 

2. People are saying as per supreme court there is no arrest in dvc and 498a, if that is so then how can this inspector talk like that.

A. Inspector are duty bound to inquiry and testify the veracity of the statements made by the complainant in the complaint/FIR. You may take shelter of guidelines of the Supreme Court in the case of Rajesh Sharma vs. state of UP reported in 2018 (10) SCC 472. 

3. What is station bail and anticipatory bail, what should we do if SI denies to give station bail.

A. Your case is good. You should go for anticipatory bail. 

4. Someone is asking us to request for anticipatory bail with no FIR, is this correct and do we really need to take anticipatory bail right away.

A. Having faith in the attorney you have consultation with is the first thing that i would suggest you to do as an advocate. However, for your social security, it is preferable and advisable to approach competent court with an anticipatory bail first. Then go for quashing of the complaint/ FIR u/s. 482 of CrPC. 

5. Can my brother ask for a warrant if they all of a sudden come home and ask him to come with them to police station.

A. Yes, it his right to ask for warrant as well as copy of complaint. He can also go to the police station by himself instead of accompanying them in police van. He can also schedule timings for visiting the station for his statement. Also remember, senior citizens and females cannot be arrested after 8 pm and cannot be called for statement before 8 am in the police station. offence under sec. 498A is bailable and non-cognizable and therefore onus of proof is on the complainant. However, you and all those accused under the complaint/FIR are required to give their statements before the police and reveal their version of case. 

6. We have all the proofs against her allegations her text messages her call records and also the si talking about remind but we are not confident that police station will help us, can we approach court directly with these proofs.

A. As earlier said, first approach with an anti bail so that during the course of their investigation you and yor family members are not arrested. Secondly approach Hon'ble High Court with quashing u/s. 482 of Code of Criminal Procedure with all the proofs and pray for quashing of the complaint. 

7. And also that inspector with the lady and her family tried to convey a message to my brother that everything will be resolved if he agrees to them but if not they will try and create some false allegations against me and my husband who live in a separate house and different area and spoke to her only once or twice couple of months back, still they are trying to drag me and husband into all this and blackmail my brother.

A. This is a common practice of their interrogation so that all whose names are revealed in the complaint admit that they have committed the offense, just in fear of getting involved in vicious circle of false litigations. They are doing their duty and trying to know whether you have actually done anything wrong as revealed in FIR or not. Hence, if you are not wrong then without any second thoughts and fears, just reveal your version and stick to it no matter whatever whosoever asks. 

Pooja Ashar
Advocate, Ahmedabad
185 Answers
2 Consultations

5.0 on 5.0

1. Not in dvc but in 498A its better to seek anticipatory bail for securing from arrest.

2. Generally police gives you 41a crpc before arrest

3.anticipatory bail is protection from arrest.

4. yes

5. no in case of 498a they can arrest without warrant

6. you can reply the same in trial against you

 

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1. The police cannot arres5t anyone in DVC but once a FIR is registered  under section 498A, they can arrest the accused, hence it is better that your brother can apply for anticipatory bail now itself even without FIR and can seek for direction to police to not to arrest if at all a FIR is registered in future without giving him a notice.

 2. Don't believe the words of half knowledge people around you, the legal position has been explained to you in the above paragraph.

3. The police may not grant you station bail in the given situation, they are ready only to arrest you hence you better file an anticipatory bail before the sessions court.

4. Read the first answer above.

5. Don't confront police, they will create some false cases also to somehow push him inside and give him a third degree treatment, hence better avoid challenging the police at this stage.

6. The proofs and evidences may help you only during the trial proceedings, and they may not be of any help to you now, hence you may better initiate steps as suggested.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

The police can manage to implicate you in false cases hence in such an event you also better obtain anticipatory bail and then challenge their case in the trial proceedings, if at all the police really goes ahead with their false cases.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Your brother should file Complain to commissioner of police against local police inspector forcing  him  to stay separate from parents , calling daily him and making him sit at police station for hours at an end 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

You are requested to file an anti bail immediately.

Ask whether your brother wants a divorce from her? if yes then immediately also file that before the family Court under section 13(1) of the Hindu Marriage Act

 

If your parents are senior citizens then file a complaint in their name in Senior Citizen protection Cell stating all that your sister in law has done and said against them. Additionally send the carbon copy of such complaint to the police commissioner. 

Pooja Ashar
Advocate, Ahmedabad
185 Answers
2 Consultations

5.0 on 5.0

You will get chance to defend in trial of Court

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

You are repeating the same message in a differnt manner despite you have been advised what steps you may have to initiate at this stage.

If the police are pressurising your brother as per her dictates, he may approach the top police officer with a complaint against the police for harassment in this manner.

If there appears to be any danger of an immediate FIR and arrest then you may better ask him to file an application for anticipatory bail even though there is no FIR registered.

 

The court may pass an order to not to arrest in the event of a FIR registered in future.

You may discuss with an advocate in the local on this serious issue instead of frequently approaching this forum be repeating the same query for no avail.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

police cannot arrest any person from his house till court ordered. In such cases, the police may issue notice to accused directing him to appear as required for the investigation. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

you will have to apply for anticipatory bail in the first instance.In case if counselling is going on then please participate in investigation and see what turns out. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

No need to worry. No arrest in 498 A cases. File complaint u/sec 156(3) Cr. P.C. against all of them including police officials for harassing you all

Nitesh Gautam
Advocate, Shimla
17 Answers

Not rated

If FIR has been registered, they can arrest your brother. If you have received the intimation that there is FIR, then I suggest you to apply for anticipatory bail. If there is not FIR only a complaint, the Police cannot arrest your brother without prior inspections about the offence made in complaint. In such circumstances they can not retain your brother's cell phone and him in cell. 

Station bail is apply for bail in the police station, officer in charge decides that the offence is not of a serious nature he can grant bail. It may be a condition of bail that the person reports to the police station when required.

Anticipatory bail is you apply for the bail after an FIR before the arrest to the Judicial Magistrate.

Your brother can ask for the warrant and a copy of FIR as well. He needs to be appeared within 24 hours before the court. He has all right to consult with his advocate. 

 

Please File an FIR to the police and keep all evidence/ proof with you only, if they ask please provide only photocopy. 

If police deny to lodge FIR or does not investigate on it. in such case you can  make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR or for investigation, as deemed necessary.

 

My suggestion for you to get your brother divorced, otherwise she will do the same thing life long. to prevent from all this. You can lodge FIR against her for harassment and cruelty. on that behalf your brother can seek divorce as well. In such a case. parties agreed to entered into an agreement generally where tin one provision they mentioned that they will not file any case against him/her civil or criminal.

my suggestion for you to proceed. 

Sanjeev Gupta
Advocate, East Delhi
98 Answers
1 Consultation

5.0 on 5.0

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