• FIR filed by daughter in law against all family members

I m in government service and is about to retire in a year. My daughter in law filed a false FIR under 498-A, 406, 323, 504, 506, 34 against my son & all other family members including me. We have obtained anticipatory bail. But I m worried whether the FIR and the subsequent legal proceeding will have adverse effect on my retirement benefits like pension, gratuity, leave encashment, etc. May I get legal advise on how to go about it.
Asked 4 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) 80 per cent of 498A cases are false and end in acquital 

2) it would not have adverse effects on your retirement benefits 

3) you have already obtained AB 

4) contest case on merits . it would take around 10 years for disposal of 498A case 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Your pension and other retirement benefits cannot be withheld even if you are convicted by the court. 

2. You are free to move the HC for the quashing of the FIR.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
But I m worried whether the FIR and the subsequent legal proceeding will have adverse effect on my retirement benefits like pension, gratuity, leave encashment, et

The dowry harassment case and 498a case and other allied matrimonial criminal cases may appear dreadful in the beginning. 

As the charge sheet is filed before the court and the trial proceedings start, the case will lose its vigor and with the trembling nature the case may not withstand the defence onslaughts too. 

In any case the matrimonial criminal cases has nothing to do with your service or terminal benefits  or pension, etc.

They are your unnecessary fears. 

Since you have already obtained anticipatory bail, you need not worry about the trial proceedings, your advocate will take care of them accordingly. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
How to accelerate the court proceedings to get early rulings?


First wait until the charge sheet is filed before court. 

Filing of charge sheet itself will take lot of time, sometimes it may take one year too.

Once it comes to court, there will be more delays in the trial proceedings due to various factors.

However when the case is coming up for trial, your advocate may file a quash petition before high court under section 482 cr.p.c. seeking to quash charge sheet and in that itself he can seek direction to the trial court to exempt you and other elderly persons from appearing before trial court i.e., to dispense with personal appearance before the trial court on the dates of hearing owing to old age problems.

Alternately your advocate can file a discharge petition before the trial court under section 239 cr.p.c. and also another petition under section 205 cr.p.c. for dispensing with your personal appearance before the court for the reasons stated.

This way you can get some relief. 

Discuss with your advocate on these points.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
FIR and subsequent legal proceedings will not create any obstruction to your service, retirement or nay related monetary benefits. Your daughter-in-law is no way concerned with your service and service befits.Generally the husband and his relatives will be roped in dowry case by adding some others sections. since those are general and false cases you have very good chances of getting acquittal. You can seek quashing the proceedings by approaching concerned High Court U/s 482 CrPC or you can also seek discharge in the case by moving a petition Under Section 258 CrPc     
Lakshmi Kanth
Advocate, Hyderabad
221 Answers
2 Consultations
4.8 on 5.0
There will be no effect on your retirement benefit.

If there is no specific allegations against you then file a quashing petition before high court under section 482 of Cr.P.C.

Fight the case on merit with the help of lawyer.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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