LawRato

My sister-in-law filed a false case under 498a and DP 3,4 against my elder brother, me and my mother


14-Jun-2023 (In Divorce Law)
My sister-in-law filed a false case under 498a and DP 3,4 against my elder brother, me and my mother.nBut now our brother and sister in law are together, and our sister in law has agreed to withdraw the case but tomorrow date 15 June 2023 is the first summon. The police are asking us to come together and can close the case but we don't have any bail, can we trust the police? I said that on 23rd I will come with my mother, Will they take us into custody? Please let us know if we can go.
Answers (5)

Answer #1
678 votes
I understand your questions. your brother wife lodge case against your mother and your family members .so she is agreed to withdrow the case but you got notice from court thi date him n 15th police mentioned the date through court summons right. sobyoubare not go to appear before court with out bail from sessions court so it is non bailable offence. you take bail through advocates .then only you apear before the court otherwise judge send to jail all the people's. they have a power so it is non bailable offence only bailable offence judg grant bail so thank you for asking through Law rato
Helpful? LawRato LawRato
Answer #2
562 votes
hai.. I will assist you with respect to the issue that you have raised. it's good to read, complaint n fir before coming to the conclusion. with respect of police issue, it's difficult to explain. bcoz it's completely their discretion...
Helpful? LawRato LawRato
Answer #3
734 votes
A case under section 489a can be quashed by the high court under section 482 of crpc. Approach the high court and have the matter quashed. Bail proceedings have stages and if you appear you will have to file a bail Application and the prosecutor has to File Objections and and argument have to take place and then the court can release you on bail on furnishings surety. If you appear before the court you will have to go through the bail procedures. 498a can not be compounded u/s 320 crpc. Only the high court can quash the case
Helpful? LawRato LawRato
Answer #4
869 votes
Dear Sir, If charge sheet is filed then they cannot arrest and if arrested keep one advocate with you while going to Police Station with two sureties so that you can get bail. After filing charge sheet police cannot close the case and it has to closed by the Court after recording the formal evidence only. Never believe the Police and your presence is not required before Police unless they issue 41A of Cr.P.C notice.
Helpful? LawRato LawRato
Answer #5
745 votes
no they will not but you all can go directly n close rhe the case there itself without obtaining the bail and she has to say i. witness box to close the case otherwise you all has to take bail and go to court
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."