Advocate Prateek Aggarwal
Advocate Prateek enrolled with the Bar Council of Punjab & Haryana in 2016. He is a member of the Gurgaon Bar Association.
- District Court, Faridabad
- District Court, Gurgaon
- District Court, Palwal
- District Court, Saket
- Family Court, Faridabad
- Family Courts, Delhi
- Punjab and Haryana High Court
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Questions Answered by Advocate Prateek Aggarwal
Q: Is 354b IPC compoundable or not?
Is Section 354B of the IPC compoundable if it involves only messaging and missed calls, and nothing more.
Advocate Prateek Aggarwal answered
No, section 354B is non-compoundable offence but there are certain remedies available to you.1. You can go to concerned High Court for quashing of said FIR on the basis of compromise between the parties.2. Another option which is available to you to seek Anticipatory bail from the session court.
Q: Domestic violence case- while contested divorce in process
I received summons for contested divorce from husband however I want to contest it and doesn't want to give divorce . Meanwhile can I file for domestic violence and maintenance against husband ? Also can I file 498a?If want to file dv ,MC but doesn't want to give divorce ? Will that b possible
Advocate Prateek Aggarwal answered
Yes, all comes under cruelty as per the Domestic violence definition, you should mention them either in your complaint or in your evidence. Mental cruelty includes everything financial, mental, physical and sexual. For more detailed discussion you can contact me for the same.
Q: False 498a and forcing husband and in laws to take the wife
Wife has filed false complaint about domestic violence, dowry demand and property related issues, against husband, mother-in-law, father in law, sister in law and brother in law. Marriage was done thru Arya samaj and then registered in court. This was done to apply wife’s visa because husband lives in abroad. From the first day wife has not stayed either with husband or in laws because Wedding reception is not done yet. Now husband wants to file for divorce but wife has filed complaint which appears 498a. Caw cell is urging in laws to keep the wife with them, but we dont want to do that. Please advise what should husband and in laws do in such case
Advocate Prateek Aggarwal answered
Don't worry, if you don't want to keep her it's your choice no one can force you to do this. This is a false complaint do provide all the relevant evidence and facts to a concerned police officer. You can easily file for divorce as well. For detailed discussion and solution, you can contact me for the same.
Q: CrPC 107/151 case - not being discharged. No witness, no evidence
In Aug 2021, police registered case of CrPC 107/151 against me on a frivolous complaint. Kept me in jail for 1 day. Forced me to sign personal bond and surety. I was told to appear on given date at SEM court which is he DCP office only. They have done nothing in 5 months. I have not been produced in SEM court till now. No evidence recorded. No witnesses. Every month date is given, I go and mark attendance. Now they are compelling me to submit someone's RC as surety and another bond. Is this the law in 107/151 CrPC? Without any recording of statement or evidence, the accused has been forced to admit the offense. Can I demand a fair trial is some other court? Can I file affidavit of true facts in the matter. The matter was of civil nature and sub judice in Delhi jurisdiction whereas criminal complaint lodged in Gurgaon. Police had no mandate to interfere in the matter. If I sign anything further or submit bond and surety, it amounts to admission of offense.
Advocate Prateek Aggarwal answered
Yes, you can claim a trialfor the said alleged offence. don't need to worry. if you want to contest the matter you can do it. No need to admit your offence if you don't want to. No one can force you to do that as well. Yes, it amounts to admission of offence. You can contact me for further information. I do practise in Delhi and Gurugram only.
Q: What is meaning of "Process not paid"
My wife filed DV case. The case status shows "Complainant Is Called Absent. Process Not Paid, Call On 11.2.22". Previous hearing date case status was "Complainant Is Called Absent. Summons To R1 And R2, Call On 9.12.21.". Here my question is what is the meaning of "process not paid" . Is this notice is for complainant or Respondent ?
Advocate Prateek Aggarwal answered
In DV Case, complainant is wife and respondent is husband and his relative. This is the part of procedural law,process fee is pay to issue notice (summons) along with copy of complaint to the respondent.
Frequently Asked Questions about Advocate Prateek Aggarwal
Can Advocate Prateek Aggarwal represent me in court?
Yes, Advocate Prateek Aggarwal can represent you in court. The lawyer is trained to present your case in the most effective way possible.
What should I bring to my initial consultation with Advocate Prateek Aggarwal?
When you meet with Advocate Prateek Aggarwal for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.
How do I prepare for my initial consultation with Advocate Prateek Aggarwal?
Before your initial consultation with Advocate Prateek Aggarwal, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.
What should I expect during my initial consultation with Advocate Prateek Aggarwal?
During your initial consultation with Advocate Prateek Aggarwal, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.
How do I communicate with Advocate Prateek Aggarwal?
It is important to communicate with Advocate Prateek Aggarwal regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.
How much does it cost to hire Advocate Prateek Aggarwal?
The cost of hiring Advocate Prateek Aggarwal can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.