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Wife died 8 months later dowry death case filed on what should be done


18-Aug-2023 (In Criminal Law)
My wife death before 8 month.that time means death day my father in law and his family come and involved in my wife agnisansakar Vidhi and compromise.No post Morden done of wife.now a day means after 8 month my father in law filled fir against me and my family base on dahej mangni and mentally harassment ipc 306,498a and 114.my marriage life was 10 years and I have two children one boy 2.10 years and girl 9 year years stay with me. Now what should do I? Plz give me advice.
Answers (3)

Answer #1
874 votes
Dear sir
From what you have stated it is quite clear that the FIR filed against you and your family is bogus. You must file a quashing petition in the high court and have the FIR quashed. You have a very good case.
Answer #2
527 votes
Sir

Offence u/s 306 is one of Serious nature, providing punishment up to 10 year Imprisonment. So there is no Limitation to lodge the FIR. However, delay in lodging of FIR certainly gives rise to suspicion about the genuineness of the Compliant.

The facts narrated by you certainly strengthens your Case. You can file a Quashing Petition u/s 482 before the High Court of Gujarat. However, please note, before filing quashing Petition, full facts of the case are required to be reviewed.

Now there are few facts which are required to be known : -
1) What is the Cause of Death of your Wife
2) During the marriage life span, was there any legal proceedings initiated between you and your wife pertaining to any matrimonial dispute.

Based on the answer to the aforesaid question, it could be advise, whether this is a good case for quashing or not. You also need to take Anticipatory Bail from Sessions Court without any delay.

You can consult me with full facts and copy of FIR .

Good Luck
Answer #3
692 votes
let you join investigation and tell the police whatever is truth . only FIR will not punish you it is completion of investigation which will if something comes out against you you will be tried in court . so if you feel unsafe . you should seek Anticipatory bail immediately n cooperate will police thereafter . you are highly advised to visit local criminal lawyer .

regards

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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