Legal Question in Criminal Law in India

One of my friend is married since over last 15 years. Do have two grown up children aged 15 years and 10 years. Over since last 10 years there has been usual disturbances between the couple for all silly matters. My friends wife has got the tendency to leave for her parents house very often and she used to come back on request made by my friend. On the 5th time when it did happen in the year 2008, my friend getting exhausted and decided not to call his wife so long as she does not will to come on her own. so it continued till this(2010) August. Yes, meanwhile the children were with my friend. On being requested by his wife, my husband had been to call bring her from her parents house sometime in Aug'2010 but unfortunately on that occasion, being instigated by the mother, the wife started some quarrel which went to the level of filing a police complaint. Police did call both and have made some sot of compromise and advised my friend to take the wife back home. However, the wife did not accompany immediately and did stay with her mother for sometime more before coming back home in Sep'2010. Hardly there is a stay together of one month, the wife in a very planned manner raised some quarrel again and managing to caught hold of the police(and now the wife's family have put pressure and gained over the police totally !!!) finally registered a FIR and it was planned so tactfully and crookedly that the police did come to the house in the evening hours, whisked away my friend and in a pre-planned manner without giving any scope to my friend to inform any one or even talk to any one )forget about taking assistance of a Lawyer !), forwarded my friend to court of law for alleged offenses u/s. 294, 307, 498(A),506 IPC read with 4 D.P.Act !!!! And in the result my friend was jailed for some days !!! Here it is worth mentioning that when my friend was whisked away, his wife was there at home and thus she did have the keys of the house when my friend was in jail. Later when he was back, he did find the house is empty. Surprised, he inquired and came to know that his wife have come that too being accompanied by police and have taken the articles!! Now my point is 1) whether the police can force some one in the evening hours and take him to the police station from inside his house ? 2) Does the police have the power to level offenses u/s 307 & 506 IPC simply on the basis of FIR without any medical examination of the complainant ? 3) Does the section 498(a) IPC & 4 D.P. Act be attracted to a husband married since over 15 years ? 4) Will the children's statement, who are still staying with my friend and who are the innocent victims and the best judges of the entire affairs, be of any help to counter the Police Case ? 5) Can my friend approach the Higher Court for quashing of the FIR basing on their statement ?5) Can my friend approach the Human Right Commission against the arbitrary action of the Police and if so, whether that would have any adverse impact on the present case as I am afraid the police might get even more violent and make the case even more complicated. 6) Can my friend, now , go for a Divorce ?

Sir, with the above back ground I want your valued suggestion to help out my friend, who, so far I know, is gentle to the pie and is a suffer of his own emotional & sentimental attitude which has been mis-utilised and undue advantage is take by the wife instigated and induced by her mother & brothers. My friend is keeping so depressed , I am quite worried . At times he talks about dejection with life. I am afraid, it will not be impossible if my friend does something grave wrong & end up his life !!

So Please advise. Awaiting a sharp response.


Asked on 11/05/10, 3:27 pm

1 Answer from Attorneys
Rashmi Bhatia Sangare Private Practise

1) whether the police can force some one in the evening hours and take him to the police station from inside his house ? Yes in case of male.

2) Does the police have the power to level offenses u/s 307 & 506 IPC simply on the basis of FIR without any medical examination of the complainant ? Yes

3) Does the section 498(a) IPC & 4 D.P. Act be attracted to a husband married since over 15 years ? Yes

4) Will the children's statement, who are still staying with my friend and who are the innocent victims and the best judges of the entire affairs, be of any help to counter the Police Case ? Yes

5) Can my friend approach the Higher Court for quashing of the FIR basing on their statement ? yes

5) Can my friend approach the Human Right Commission against the arbitrary action of the Police ? Yes

If so, whether that would have any adverse impact on the present case as I am afraid the police might get even more violent and make the case even more complicated. Yes you are right.

6) Can my friend, now , go for a Divorce ? Yes

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Answered on 11/11/10, 9:05 pm


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