• Women Thana charge 341, 323, 379, 498A, 34 IPC, 3/4 D.P. Act

Respected Sir/Mam, As I mentioned earlier my wife Complained the False Dowry Act & Domestic Violence and Insisted to Women's Thana to Issue The FIR . thereafter I contact to my district court lawyer . and he suggested to file Section 9 Hindu marriage act to take Anticipatory bail for my family members and I did according to my lawyer . Now , The women thana has issued the FIR on 4th Aug 2016 . and charged 
341, 323,379, 498A, 34 I.P.C , 3/4 D.P. Act.
And The women thana didn't try to find out the truth, they always support and heard to My wife & in laws family. 
Now in this situation what should we do? Please suggest ..
Asked 4 months ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) you have already obtained AB

2) since FIR is lodged police will conduct investigations and submit report

3) you have to contest case on merits

4) 80 per cent cases are false and end in acquittal 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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i know police and court always polite and help women first.. anticipatory bail is the first action your lawyer should 
take..how can they charge so soon..is the matter is investigated or not..you write and complaint hand written to PUBLIC WINDOW AND S.S.P office and mention all the threatening and false allegations against you..also go to DGP office and write a complaint to meet him personally and explain and may be they can order women than to investigate the matter carefully..
take care
Sapna Seth 
Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
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Hi
 You have option to fight the matter on facts and evidence available to you. you have to apply and  obtain anticipatory bail, fear of arrest and detention  is the biggest pressure tactics by the wife, Once you get the anticipatory bail , then decide about the future steps whether it has to be settled or fight on merit.

Your lawyer advised you the correct legal steps and  Filing RCR and obtaining  anticipatory bail are wiser to defend your side of the facts.
You can also move high court to quash the FIR if you have evidence/proof to show that your wife has filed false FIR to trouble you.
In case during the RCR proceedings your wife is adamant and agree to end the marriage , then go for a mutual consent divorce after withdrawing the RCR.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Immediately file an anticipatory bail before session court or high court u/s 438 of Cr.P.C. and try to get the same from Court and fight the case on merit with the help of lawyer and supreme court/high courts Judgments.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Apply for Anticipatory Bail first for your relatives named in the FIR in the District Judge's Court of the area. Once that is done and bail granted, you should approach the Court for your AB. 
2.Once AB is granted under the above Sections of I PC,then you may file a petition for divorce on the grond of cruelty by your wife simultaneously withdrawing RCR before summon/evidence as filed by you against wife. 
Sushil Jha
Advocate, Patna
161 Answers
1 Consultations
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Best option to come out from from all these troubles is only try to settle the disputes with your wife by giving the one time maintenance to her.
Keshav Kumar
Advocate, New Delhi
2 Answers
0 Consultations
Not rated
Dear Concerned,

As Anticipatory Bail(AB) has already been taken you need not to worry as this AB will be converted to bail. Filing RCR(HM-9) may or may not be a right decision/right step because a wife who has already filed false 498 A, 379 and D.V Act, you may not want to stay with her and HM 9 sometimes backfires.In your DV at the time of filing of w/s mention all your grievances(your side of your story ) in the w/s(written statement) and take similar stand in other cases. It is suggested to pursue your cases as already started and go with the flow of the procedure .

Best of luck- Stay blessed.
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
This is how cops go about doing their duty, so let them do what they have done. You apply for and obtain anticipatory bail asap so that you do not have to go to jail. The priority at this stage should only be AB.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Now , The women thana has issued the FIR on 4th Aug 2016 . and charged 
341, 323,379, 498A, 34 I.P.C , 3/4 D.P. Act.
And The women thana didn't try to find out the truth, they always support and heard to My wife & in laws family. 
Now in this situation what should we do? Please suggest ..



Since you have got yourself and others enlarged on anticipatory bail, you can do nothing about the FIR at this stage.

Let the charge sheet be filed and the case trial begin, you may challenge the false cases accordingly in the trial court on the basis of merits in your side.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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once FIR is filed police has to issue you notice under section 41 A to record your statement 

2) you can still apply for AB if FIR i s registered 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Wait till you receive the notice as the courts in most parts of India do not now entertain the AB petition unless the notice has been sent to the accused. You cannot be arrested without section 41 notice. Apply for AB the moment you receive the notice,
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Your application has nothing to do with section 41 cr,p,c, notice

Many people will be telling many things, you may concentrate on your bail application alone.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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You can also file a petition for AB without waiting for notice from the PS under sec. 41 Cr PC as notice under Sec 41A the police is supposed to send as per guidelines issued by SC only when they consider not to necessarily by issue arrest warrant without further investigation in the matter which you will never know. 
2. It is therefore suggested that you should also now take AB from DJ court to safeguard your interest.
Sushil Jha
Advocate, Patna
161 Answers
1 Consultations
5.0 on 5.0

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