Legal Question in Criminal Law in India

Reg 420 FIR in matrimonial dispute

I went to magistrate court and had a look at the FIR through an advocate there. I came to know that this FIR is based on a new complaint lodged after almost a month the first complaint was lodged. The (women) police had recorded both my statement as well as my wife's statement for the first complaint. In the first complaint my wife had mantioned that they have taken away all their belongings from my house. The first complaint was lodged by my father-in-law and statement was taken from my wife. It appears that the secod complaint was lodged by her itself in which she had maentioned that dowry artcles are still with me and the FIR is books under section 420 and 417. I have AB for the first complaint doI need to get AB for the second complaint. Can police arrest me inspite of my AB. My AB order has only reference to the Crl OP number with HighCourt with unknown crime number. How to get the FIR registered after the second complaint quashed. Can I get the copy of first complaint and my wife's statement from high court for wich I have AB. Also tell me if I need another AB at this point.


Asked on 12/15/08, 7:03 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Reg 420 FIR in matrimonial dispute

Hello.

(1) You need to get AB for the second complaint as well.

(2) You need to approach to the HC in connection to the first AB.

Please consult a local lawyer immediately and proceed on the same.

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Answered on 12/15/08, 7:07 am
Nasir Butt Nasir Law Associates

Re: Reg 420 FIR in matrimonial dispute

See the reply of Mr. Homi Maratha.

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Answered on 12/15/08, 7:29 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Reg 420 FIR in matrimonial dispute

You better take guidance from your advocate as he can help you with your case much better

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Answered on 12/15/08, 8:35 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Reg 420 FIR in matrimonial dispute

You may not succeed in getting the FIR quashed if the allegations indicate commission of offences alleged.

Since the earlier AB was without mentioning the FIR, you may need to seek bail again.

You may consider reaching an amicable settlement and out of court compromise to bring an end to this dispute.

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Answered on 12/16/08, 12:25 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Reg 420 FIR in matrimonial dispute

If first order of anticipatory bail is specifically for first FIR, then it will not be available for second FIR.

Copies of Statement available with court can be obtained by following the procedure. As far as police, copies can be obtained after submission of same in the court.

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Answered on 12/17/08, 1:42 am


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