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query on arrest law - how to get siblings out of false 498a case


27-Sep-2023 (In Divorce Law)

in dowry case, is it possible to get some of the accused out of the case? Some lawyers suggested that boy's unmarried siblings will be out of the case and only main accused (boy) and parents would be called up on the dates. Is it correct? And if yes then how the siblings are removed from the case?

Answers (3)

Answer #1
913 votes
Yes, it is possible that the family members of the boy are left out, but this totally depends on the allegations and the facts of the case and also on the wishes of the investigator or the court. The supreme court has held that in matrimonial disputes the roping in of the entire family is not correct and on that basis the entire family gets off, except the boy.
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Advocate Imran Ibrahim

Adv. Imran Ibrahim

LawRato Allahabad | 25+ Answers
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Answer #2
806 votes
Siblings can be removed form the case, but it depends upon the charges levied in complaint or FIR , After filing of charge sheet the discharge application can be moved, but first its has to be seen what evidence and material collected or presented by the prosecution. Age of siblings are also a considerable factor whether minor or major. Married and unmarried doesn't make much difference.
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Advocate Jitendra Saksena

Adv. Jitendra Saksena

LawRatoLucknow | 5+ Answers
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Answer #3
902 votes
Whosoever has given you this kind of irrelevant suggestion is an imbecile..all those people who have been named in the FIR are liable to be arrested ..all you have to do is to go for FIR quashing in high court..rest depends upon the investigating officer while preparing charge sheet..only those names will be removed whose role is not certain that too at the mercy of the IO..so approach the high court first.
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Advocate Abhijat Pratap Singh

Adv. Abhijat Pratap Singh

LawRatoLucknow | 25+ Answers
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