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What to do my wife filed a complaint against me and my family


03-Jul-2023 (In Criminal Law)
Sir, I received a notice from a police station in Karnataka asking all my family members to appear in Police station based on a complaint by my wife. The police notice does not mention any details about the complaint number or case number. I got to know surely from other sources that FIR is not registered. So my first question is whether me and all my family members have to appear in police station for enquiry or can i ignore it. Because before this notice i received a phone call from the police constable and i answered him back saying that i will not come since there is no FIR or any case registered against me. Now they have served this notice without any details or complaint copy. My Advocate told me to ignore the notice. Because once they file an FIR, then my Advocate said we will apply for anticipatory bail. My second question is whether police can arrest us after a week or so saying that we didn't appear in police station even after serving notice (notice doesn't have case details
Answers (2)

Answer #1
730 votes
As per the directions of supreme court now police cannot register the FIR for the offence u/s 498-A or under Dowry Prohibition Act without an inquiry by the Dist. Family welfare/ conciliation comittee. Only after the report of the comitte police can register the case. Ask the police to refer the complaint to the dist.comitte and on receipt of notice you can give statement before it.

Answer #2
584 votes
As per the advocate suggestion you may go for anticipatory bail and get protracted. No police cannot arrest you or your family for the propose of ignoring the notice. no worry do as per your lawyer say.

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