• Need advice on Section 498A

I have problems with my in-laws (dowry harassment ) .We had a family counselling in Police station . My husband agreed to the regular conditions and endorsed  the same willingly in his own handwriting. Police asked me to withdraw the case and my husband told me that he will join me within a week. But after one week, when i called him he told that his father's health was not sound so he extended the days. So we approached police again but  came to know that he filed a writ petition against the police in High court saying that they forced him and made him to sign the conditions. The case is still pending i.e ' Admission-Home ' , simultaneously the police had filed counter affidavit. Till now there is no hearing. So i approached the police for filing FIR.But they rejected saying that my husband may use quash to protect himself. But I want to file FIR. And if i file FIR is there any chance that my husband and his family members get anticipatory bill. How to proceed now? Please advice because my voice is not being heard .
Asked 12 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
If you wish to file a case of dowry harassment against your husband and your in-laws, then you can do so by filing it directly before the magistrate, this can be done either at the place where the marriage was solemnized or where you are currently residing or where you were permanently residing U/s 200 Cr P C. this is called the Private Complaint Report (PCR), the magistrate will record your sworn statement and register the complaint and direct the police to register an FIR against your husband and his parents. 
in order to do this you will need to contact a good advocate where you wish to file the complaint.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
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firstly family court will not give you a referral to go to criminal court, next if they come to know that you are filing a PCR before a magistrate they can go to session court to obtain anticipatory bail, but whether the court grants them the bail cannot be guaranteed.
If he has aged parents then out of age consideration they might get bail, but your husband will not get it so easily.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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1) wait for disposal of writ petition filed by your husband 

2) in case FIR is filed your husband can approach court and obtain Anticipatory bail 

3) court may  grant anticipatory bail subject to certain conditions 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
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once you file FIR police will issue notice to your husband under section 41 A of Cr PC to record his statement 

your husband can approach sessions court for AB . court may grant AB 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
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1. In stead of running after police file a petition u/s156(3) crpc in the court of a Magistrate which would register the FIR and ask the police to proceed with investigation.
2. Appear in the writ petition and submit in support of Police in court as the same is truth.
3. Then file case under PWDV Act.
4. There is no need to wait for this person anymore.
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
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1. You can certainly file FIR against your husband,

2. If police refuse to file FIR, send the complaint letter with a request to treat it as FIR by speed post under copy to local S.P./D.C. and get the track record of delivery from internet,

3. After 15 days, file  Writ Petition against police inaction,

4. You husband and his family members will certainly get anticipatory bail since after recent Supreme Court order, police can not arrest without conducting investigation against such FIR and bail is allowed unless there is a chance for the accused to destroy the evidence, influence the witnesses and run away from the clutches of law.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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1. Yes, hey will surely get anticipatory bail for reasons stated in my earlier post,

2. They will be jailed if the charges levelled against them, if any, against your complaint is proved before the Court and punishment is awarded on them.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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Anticipatory Bail can be grant but it is depend on the facts and circumstances of the case, 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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1. The HC has not granted a stay on the filing of FIR and the consequent police action against him in accordance with the law. So police is obligated to register the FIR. You can move the HC to get the FIR registered which is not being done by the police due to misinterpretation of law by police. 

2. Grant or refusal of anticipatory bail will be governed by the peculiar facts and circumstances of the case. The court may or may not grant it. You can through your lawyer oppose his petition for AB as and when he files it.

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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Fir is only a first information report.  An information given under sub-section (1) of section 154 CrPC is commonly known as first information report . 

FIR is not a piece of substantive evidence. It can be used only for limited purposes, like corroborating under section 157 of the Evidence Act or contradicting (cross-examination under section 145 of Evidence Act) the maker thereof, or to show that the implication of the accused was not an after-thought. It can also be used under section 8 and section 11 of the Evidence Act. Obviously, the FIR cannot be used for the purposes of corroborating or contradicting or discrediting any witness other than the one lodging the FIR. It cannot be used for corroborating the statement of a third party. If the FIR is of a confessional nature it cannot be proved against the accused-informant, because according to section 25 of the Evidence Act, no confession made to a police officer can be proved as against a person accused of any offence. But it might become relevant under section 8 of the Evidence Act.

Present situation the police do not take any initial steps for filing FIR only because of High court report. So you have to move Judicial first class magistrate court and move a private complaint against in laws and husband.  
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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And if i file FIR is there any chance that my husband and his family members get anticipatory bill. How to proceed now? Please advice because my voice is not being heard .
If police is refusing to register FIR due to the said reasons, you may file a private complaint before the judicial magistrate court in your jurisdiction under section 156(3) of cr.p.c. seeking to direct the concerned police to investigate the matter, register FIR and book the accused under dowry harassment case.





SIR will there be any chance for him and his family to get anticipatory bail?even if we file FIR by going to magistrate or by getting a referral from family court?
Getting bail is his right. The chances for getting anticipatory bail are bright.  You may file an intervenor petition and record your objection during the hearing of the anticipatory bail application.
Please remember that without a criminal case/complaint pending against him, no anticipatory bail can be granted to him. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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Hi, you can file a complaint against your husband under Section 498/a IPC but one the police has register the complaint under normal course your husband will get anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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