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Sister in Law registered 498a matter against family. please advice me
18-May-2023 (In Family Law)
My bhabhi registered an FIR agains us in the act 498a,323,506, & 294. She is a constable in police dept. And thats why continouosly torchering us by police power....what should we do now? Session court also refused our anticipatory bail.and case is registerd against her husband, father in law,& mother in law. Can we file 482 act?? If yes! Than how? Please suggest us
Yes, you may file petition before High Court under s. 482 CrPC for quashing of FIR and other proceedings. If court refuses to quash the FIR against all the accused, then pray for the quashing it against mother-in-law, father-in-law and other family members other than husband, if any named in the FIR. For the success of petition you must plead and prove before High Court that the proceedings initiated against your family by your bhabhi are groundless and that it is solely for the purpose of harassing your family. Do also mention the fact that she is a police constable and abusing her position.
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Adv. Pradeep Naik
Indore | 200+ Answers
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The Hon'ble High Court can quash FIR if sufficient grounds are pleaded in the petition u/s 482 or CrPC. But this is discretionary, so you won't have a right to quash the FIR by filing a petition u/s 482 of CrPC.
If the Hon'ble Sessions Court has refused to grant anticipatory bail, then this does not mean that it will not grant regular bail.
In case under all the sections you mentioned, regular bail is allowed.
Even if she is a constable, she cannot influence the Court. So, your case will be heard impartially. You will have to defend the case very well, that's all. Don't worry..
If the Hon'ble Sessions Court has refused to grant anticipatory bail, then this does not mean that it will not grant regular bail.
In case under all the sections you mentioned, regular bail is allowed.
Even if she is a constable, she cannot influence the Court. So, your case will be heard impartially. You will have to defend the case very well, that's all. Don't worry..
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Adv. Sandeep Naik
Indore | 200+ Answers
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As per your information, your Bhabhi is constable in police station. If it is so, i you have to take it easy, you may approach Hon'ble HC for qashing the FIR on this grounds too. there is no extra liberty with regard to the leagal remedy is available to the constable. rather it will be difficult for a government servent once case goes against her.
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Adv. Om Shanker Shrivastava
Bhopal | 100+ Answers
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