My wife died during pendency of divorce, DV, S 24 case

755 votes

Hi, having considering the facts and circumstances as narrated above I would reach at my view that they want to falsely implicate into a criminal case through registering an F.I.R. through under section 156(3) Cr.P.C. You would face serious threat after lodging the F.I.R. If any such F.I.R. may be lodged against you then only option against you that you should have to stay or quash the all criminal proceeding initiated on the basis of the F.I.R. by filing of a Criminal Misc. Writ Petition in the Allahabad High Court. Otherwise You have others option of mutual settlement by the opposite party in the mediation centre either of Ghaziabad District Court or of Allahabad High Court.
Thanks.

Advocate Shishir Dwivedi LawRato

996 votes

Since your case is Complicated Case. Only upon going through the full facts of the case any opinion can be given. The Civil cases against you will lapse but the criminal cases against you would continue.

Advocate Rohit Kumar Singh LawRato

779 votes

You are in an advantageous and strong position since your other cases which you have stated as DV, Sec9 and 24, Divorce had got dismissed. However you have not given complete details of and fate of your Divorce case, your position in it, and about other civil and criminal cases in GZB which is required for complete advise. Under 156[3] you will get opportunity to give your statement at the appropriate stage though not initially. First Judge will hear the complainant, then, ' if the Magistrate on application u\s 156[3] CrPC is satisfied that proper investigation has not been done or is not being done by Officers in charge of the concerned police station, he can certainly direct them to make a proper investigation and can further monitor the same, though he should himself not investigate', as brought out by Supreme Court in Sikari Vasu v Uttar Pradesh, Crl App No. 1685\2007 decided on 7\12\07. Such investigation would start with entry in a book of the police station, registering of FIR, and such investigation can end up only with a report filed by the police as indicated under sec 173 CrPC. This means, police will hear your statement and record the substance of it and so you will get opportunity to present your case. Your position is strong also since your wife was not staying with you. Judge can also dismiss the case. This appears to be a false case and in all probability will fall at some stage. Thereafter you can file case for defamation, abuse of Judicial process, lying, giving of false statements knowingly to damage you, etc. Your defence can be truth and the actual circumstances. It may not be advisable to contact those concerned Doctors at this stage.

Advocate Kundan Singh Pathania LawRato