There is no preemptive action against criminal complaint. She can file 498A and other criminal and civil cases. The mlc will certainly is proof against you. it cannot be eliminated. If any criminal complaint is filed, you will get notice asking you appear in police station before arrest, you can apply for anticipatory bail in that situation. Depending on allegations made, you will get ab. Apart from mlc, the complaint and compromise will also be taken into consideration.
Whether to get wife back after CAW complaint
My wife filed false harassment CAW cell complaint with false MLC. We have a child. If I compromise at CAW cell and take her back, what is the future risk? if she files false 498a in future, can anticipatory bail be rejected based on the current complaints history? Can I be jailed for months? Can the current MLC be used in the future 498a? She will obviously not take back her complaint to be false, the complaint will have to be taken back that we have compromised, so the MLC will remain uncontested for now?
Asked 4 years ago in Family Law
Religion: Hindu
7 Answers
Anticipatory bail would not be rejected merely because wife had filed complaint earlier and compromise was arrived at
2) you would not be jailed for months
- Actually the CAW Cell is a reconciliation center , where the official firstly try to resolve the issue between the husband and wife on the compliant on the wife.
- Hence, if you both compromised , then the compliant will automatically withdrawn as closed, and the official will not go in detail of MLC filed by your wife like in court proceedings.
- Further, if she re-file the compliant then it is will considered as new, and further if an FIR filed then you can get anticipatory bail from the session court.
Marriage is an institution of utmost faith. Bot of you need to trust each other. Once she withdraws her complaint and both of you start living together, please do everything on your part to keep her happy. More so for the sake of the child. Do not have any imaginary fears of future criminal action now and spoil your marital life.
You will get anticipatory bail if she files the same. Future cant be predicted.
Current MLC can't be used.
Yes it will be uncontested
The compromise and taking her back into your house will not solve the purpose neither the case will be closed automatically.
She has to appear before CAW police and inform them about the compromise agreement and consensus arrive between you both and that she do not want to pursue the matter any further, the police then may file a closure report based on the compromise agreement between you both.
Without that the case will remain pending against you.
If she is not agreeing for compromise, yo may obtain anticipatory baiol and challenge her false case properly in the trial proceedings and get it dismissed. .
Dear Client,
Its CAW cell duty to ask the couple to settle this case through settlement i.e. both the spouse has to solve their problem mutually through agreeing on some common grounds. If you have to compromise, do it without paying any money. By paying her money you will indirectly accept the blackmailing and guilt. Your act will encourage fraudulent women to do more blackmailing and If you decide to pay and compromise then do not pay all the money till High court or Supreme court have given the final order of compounding the IPC 498A and all offence including the divorce decree.You should get the settlement conditions agreed by both parties in writing (in the same agreement) including her and her family members. Also get them to file A court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts.
Thank You.
