Legal Question in Criminal Law in India

Hi,

I have been married for over 4 years. I have given close to 12 Lacs to my father in law and wife under thier threat to file false 498a and dowry harrassment case against me. I decided not to yeild in to thier empty threats and last month communicated to them that i will NOT anymore give any money to them. In avengeful reaction, my wife left me and my Father in law filed a 498a case against me and my family. We applied for a refferred case on extortion of money and cheating against them with the court which was granted and now the police have filed an FIR u/s 420, 384 and 506 against them. We have now clubbed these two cases in the court which is pending chargesheet from the Poilce.

My inlaws and wife have been trying to dispose off thier property and flee the country with what ever they can get from the 498a case and also leave me and my family in the lirch.

I would like to know : 1. If I can approach the high court for a stay order on selling of thier property to make sure they repay the amount back to me. 2. If I can apply for impounding of thier passports in the court where the 498a case is currently being heard. 3. Can they be arrested if the charge sheets against them have been filed by the police?


Asked on 11/17/10, 8:16 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can file a suit for permanent injunction against the in laws restraining them from disposing off their property and in case there is an eminent threat of leaving the country, you may also seek impounding of their passport. yes, the offences alleged by you are non bailable and they can be arrested.

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Answered on 11/17/10, 9:43 pm
Vishwa Arya Arya & Co.

I would like to know : 1. If I can approach the high court for a stay order on selling of thier property to make sure they repay the amount back to me.

Since your FIR has been registered against them u/s 420, 384 & 506, you need not file a seperate case for stay. You may file an application before the magistrate having jurisdiction over the police station which has registered the FiR. In that application you may ask for a direction to the Investigating Officer to attach and seize the property of wife, father-in-law and their bank accounts.

2. If I can apply for impounding of thier passports in the court where the 498a case is currently being heard.

As stated above, in addition, in your case alone, you may move additional application for impounding the passport of your wife and your F in L rather than in their 498A case. You have a better chance here.

3. Can they be arrested if the charge sheets against them have been filed by the police?

In your FIR they should have been arrested by now. Filing of charge sheet has nothing to do with their arrest. Arrest has to be immediate after the registration of FIR.

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Answered on 11/18/10, 6:19 am


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