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SLet’s keep it short, I’m 19 (m) my chachi is divorcing my chaha and police called my parents today asking him to “thanai aajao apkai khilaf fir registered hai by my chachi”.
he doesn’t even live with them, last time we met her when they had there son and that was a year ago and before that the last time we met was 5 years ago.
what should my parents should do to get out of it?
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UPolice loves to chutiya-banao innocent people.
UNDER NO CIRCUMSTANCE SHOULD YOU GO TO THE POLICE STATION WITHOUT 41A NOTICE.
Ask police to send you a 41A notice. Once they send you 41A notice, go to the police station with a lawyer. Buy a shirt with a pocket, put your phone in that pocket and record the police while you’re in the police station.
Once you have a copy of the FIR ask your lawyer to file anticipatory bail and interim bail.
Report back here, will give you more advice afterwards.
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UDon’t be an idiot. 41A notice is a requirement for the police to call you to the police station.
Notice before Arrest under Section 41A of the Criminal Procedure Code, 1973
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UBro idiot is not gaali.
Idiot is like saale.
“Aur bata saale, kya chal raha hai?”
Idiot and saale are not gaali.
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IAlthough technically somewhat correct, this is not entirely accurate.
1. There is no need to antagonise the policemen needlessly. The police, like any government organisation, do not like to work (right?).
By making them work, for example, by sending you a 41A CrPC (or right now 35 BNSS) notice, you make it a hassle for them and get it on record. But who faces the brunt in such a scenario?2. It is much better to send someone other than the accused to enquire about the specifics, and then act based on the information received. The names could simply be stricken off without all this, as it has become a routine procedure to do so now.
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>Ask police to send you a 41A notice. Once they send you 41A notice, go to the police station with a lawyer. Buy a shirt with a pocket, put your phone in that pocket and record the police while you’re in the police station.
>Once you have a copy of the FIR ask your lawyer to file anticipatory bail and interim bail.
3. What would be the purpose of filing for anticipatory bail in this situation?
If they require an arrest and the accused presents himself, the police would simply arrest him, right?
There is nothing else to do. So, what would be the use of anticipatory bail here?-
UYou’ve made some excellent points and I’m glad OP is getting the benefit of it, but as far as I’m concerned the police isn’t on the OP’s side. They’re on the side of making some extra cash by falsely implicating innocent people. It’s exactly like a traffic cop pulling you aside for some bullshit reason so get they can get weekend money to purchase a bottle of whiskey.
In my experience, without the 41A notice the Investigation Officer declares himself as the most important person for the accused. That’s a precursor to the IO asking for a bribe to reduce the charges before filing the chargesheet.
So not only are people being falsely accused and charged, but on top of it all the police wants bribes to fabricate the fake charges to a lesser degree.
I have never seen another country like India where everyone including the neighborhood dog collectively hate a public institution as much as they hate the corrupt police.
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II understand that your experiences could differ, and it’s true that police do sometimes behave that way for bribes.
However, under the Arunesh Kumar guidelines, it is now almost certain that relatives’ names will be struck from the complaint, and no charges will be filed against them unless there is concrete evidence to support it.
Accusers often name relatives just in case something sticks, which adds pressure, but any halfway decent advocate would be able to get these names removed without requiring official handling.so, requesting a 41A CrPC notice actually adds to the troubles by making it official, not reducing them. The police can then cite it as being on record, which would require it to be removed. Even SCI has mentioned that such matters should, as far as possible, be handled through mediation.
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UI agree with all of what you’ve said but your advice works with the assumption that police is relatively fair. This may be the case in large metros, but not so much in tier2/3 cities where who you know and who you blow is the bigger currency.
On your point about Arunesh Kumar – Police hates when you bring up Supreme Court cases. Their typical response is “toh apna case supreme court le jao”. People who work at the grassroots level don’t like to be told by the elites in the ivory tower of Supreme court of India, of how they should do their jobs.
I personally don’t trust anyone or any institution in India. When you operate on the assumption that police is corrupt, asking for things to be official is in the benefit of the defendant. This way application of law by the police is fair in the eyes of the court. I had a case where the district judge gave the IO a dressing down for trying to falsely implicate a 498a accused in attempt-to-murder charge without a medical report. The accused said the exact same thing prior to his arrest, the IO ignored.
Second, your advice assumes that police actually looks at evidence during a 498a investigation when in fact they file chargesheet first and then let the trial court worry about whether charges apply given the evidence.
If police wasn’t actually so illiterate in this country, fake cases wouldn’t be filed and High courts in the country wouldnt have pendency of 5 crores cases.
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II meant that anticipatory bail would not be useful here if the accused has already presented themselves to the police before obtaining it.
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UIf the police has been bribed by the other party or if a politician is leaning on the police (read: sifarish) and their goal is to humiliate the family by putting them in custody, then the law and truth stop being relevant.
You’re assuming police won’t do anything bad, I’m assuming police even files fake cases (without evaluating evidence) precisely because they are a nefarious party.
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ULast point is your answer.
Police may threaten you unnecessarily. It is sad.
If you are going to talk legal with them, get a lawyer. Lawyer will have his own agenda, sadly.
If you can involve some trustworthy personal connections for advice , do that once. Has to be trustworthy, otherwise they will have their own agenda.
There exists non-profit groups to help in these cases. NOT Ngo. ngos may have their own agenda sadly. Groups of people like you and me, but with experience. Reach out to them asap. Get some expert advise.
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UBC is there anyone who doesn’t have their own agenda except doing their fucking job in this country?
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UNAL.
Most likely the woman who filed the domestic violence FIR has implicated all members of the family of the husband. This is a tactic used by the complainant to build pressure on the husband’s family.
Usually even the police is aware of it, but still they have to investigate. If the police actually believed the woman, your parents would have been arrested already.
Get a good lawyer and visit the police station.
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ILikely this. But maybe they should send the lawyer alone first so that they don’t face any risk of arrest.
Also you said police would had arrested them already if they believed her. But i have heard police don’t make immediate arrests anymore.
Also, OP, if the charges are false, vague allegations. You can get your name removed directly convincing the investigating officer that you all don’t even live same city to have done anything. If they don’t listen, you go to court to get the FIR quashed based on the same grounds.
Also your chacha can use this to show the courts (in his cases) that the wife is making false cases to put legal pressure on him and his family.
After this FIR gets resolved. File case against this woman for this false case and defamation. This should be done because firstly she deserves it, it is your right to get justice not just saving your ass from someone’s false case. And this will also help your chacha to create counter pressure on her to come to a negotiation that favors him.
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UGet a lawyer.
Turn off your cell phone and hide in a place that no one will find you in.
if you step inside a police station you are done for
I saw one of the post of a lawyer who suggested this thing and he is one of the top matrimonial lawyer your chachi might have trapped you your family in a face dowry case or something in that case you will be in a very bad position just hide somewhere
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PSend someone (either lawyer or anyone else who can handle) to the Police Station to find out whether FIR is registered, if so, ask for a copy of the FIR with your chachi’s statement. Your parents are required to take Anticipatory bail if the FIR/ statement warrants so. After obtaining anticipatory bail, they can go to the PS to give their statement. Your parents have to show that (in their statement) they are not in contact with the complainants. If it is obvious that your parents were not living with the complainant and no involvement in any kind of harassment, their names will not come in the Charge Sheet. [https://divorcebylaw.com/cruelty-against-husband/](https://divorcebylaw.com/cruelty-against-husband/)
If police proceed with their names in the Charge sheet, then they have to go for quashing the FIR.
If you need more clarification on this feel free to contact us [https://g.co/kgs/DnPy9c3](https://g.co/kgs/DnPy9c3)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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