Dear sir, I and my wife we have filed mutual consent divorce petition on 7 January 2015. I have paid Rs 2.00 Lacs by dd on 7 January 2016 to my wife in the court. Second hearing is on 11 Jully 2016 when I will pay her remaining Rs 1.00 Lacs as per our compromise. On 7 January 2016 while filling mutual consent divorce, we have also make notarised compromise deed wherein all terms of mutual consent divorce are mentioned. Now today I got a call from police station that my wife has filled FIR against me and my family members on 14/12/2015 and asked all of us to be present for further enquiry. I asked the police for copy of FIR under RTI, he repliedthat I will have to apply Iin the court for copy of FIR. I have send a mail to official mail id of police station and asked them for confirmation of FIR. I am doubtful over the acts of police as intention may be to ask for some money. Please guide me.
Asked in Criminal Law from NASIK, Maharashtra
This sounds fishy as it is difficult to accept that for a FIR filed in December 2015 you are being summoned 6 months later. Let your lawyer pull out a copy of FIR through his contacts, and then apply for anticipatory bail. Accordingly, you may also back out of mutual divorce if the FIR is filed.
From the concerned court you will get confirmation of registration of FIR.
Since your wife has signed the petition for mutual divorce, the FIR drawn is unlikely to have much impact and once you apply for bail, you should not face much difficulty to get the same.
So your first step should be to take information on FIR and then contest the case on merit.
The mutual divorce petition in that situation ends till a fresh compromise is made.
Apply for certified copy of FIR before court concerned.
If fir has been registered then file a quashing petition before high court based on compromise, the high court have power to quashed the FIR.
FEEL FREE TO CALL
Advocate, New Delhi
1) an accused is entitled to copy of FIR filed against him
2) visit the local police station for recording your statement and furnish copy iof settlement arrived at with wife
It is correct that the Police is not obliged to give a copy of FIR to the accused, it is given to complainant only. As soon as FIR is registered a copy of the same is sent to judicial magistrate having jurisdiction over the area. You can get a copy of the same from the concerned court.
As far as investigation in to the complaint are concerned, you can produce a copy of your settlement with your wife to the Police so that a closure report can be filed. You can easily get anticipatory bail in view of the settlement. since settlement is arrived at after the filing of FIR you should not have any problems in this regard.
Advocate, New Delhi
Hi, Once you have to verify in the Court whether FIR has been lodged against you or not. If it was registered against you then you have to apply for Anticipatory Bail in the Court.
2. Once you filed a divorce on the ground of mutual consent then if she filed a police complaint then it will not sustained in the eyes of law.
3. Better you have to file a petition in the Hon'ble High Court for quash the proceedings.
The police have taken action on the complaint very lately and this action of registering FIR must have been in a hurry since the complaint had been kept pending for a long time.
Actually your wife should have withdrawn the complaint even before registering the FIR.
Well instead of arguing with the stupid people in the police uniform, you can better try to get a copy of FIR through your advocate from court.
Get yourself enlarged on bail first.