Ponder a while and donot take rash decisions especially if you have kids. Think many times over and donot be afraid. It is not worth living a life of fear cos fear itself is a disease that will eat you alive. If you fear/know that a false 498a complaint is going to be put on you or if they threaten you in anyway it is better to be safe than sorry:-
1. Immediately file RCR, if your wife is separated from you(Restitution of Conjugal rights is like saying"I want my wife back(who deserted me), but with the following conditions"- but since the wife's intention itself is wrong, she won't be able to agree to those conditions(you can even make the conditions more difficult and impossible, to make sure that she will not come back) , it is similar to divorce petition only in the prayer you will be asking court for your saftety, prevent harrasement , and blackmail/extortion .
1. Immediately file RCR, if your wife is separated from you(Restitution of Conjugal rights is like saying"I want my wife back(who deserted me), but with the following conditions"- but since the wife's intention itself is wrong, she won't be able to agree to those conditions(you can even make the conditions more difficult and impossible, to make sure that she will not come back) , it is similar to divorce petition only in the prayer you will be asking court for your saftety, prevent harrasement , and blackmail/extortion .2. File a police complaint mentioning Blackmail/extortion threat , threat for false dowry case , or any other thing you have the evidence for. Do not forget to mention that she had left the house after taking all jewellery and cash in your absence, as the case may be.
3. Recording all the conversation if any(telephone recording devices, or miniature recording devices when in person discussions happen).
4. File a criminal case in court under 156(3) under read cr. procudure 200 , with reference to police complaint .(these are sections in the Code of Criminal procedure(Cr.P.C in short), 1973, reproduced alongside:
Cr.P.C Sections156. Police officer's power to investigate cognizable case
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
200. Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
5. Take the certified copy from court and keep it with you . Make a couple of copies. Send it to nearest police station. Nearest police station of your in-laws. File for Anticipatory bail in the High Court.
If the police insist you come to police station or come to your place for arrest after they have been bribed sufficiently by your wife or in-laws, just submit the court petition. They are the criminals , not you. Also google and read the 498a survival kit in the meantime.
*******************
Another mode of fighting this injustice and sham complaints for extortion also see the Dowry circulars link and get a hard copy - preparation and knowledge is the only way to counter threats:
Wife has submitted a list of stridhan which is not as per rule 2 of Dowry Prohibition Act and her application may be rejected in view of Circular no. 07/2007 and other she may be asked to furnish valid bills as well as cash flow details in view of para 7 of Circular no. 459-66/P.Sec/ Addl.CP/CAWC dated 29/03/2009.
Further updates are as follows :-
The application of Swamy was accepted by the CAW Cell on the same day with the help of 100 no. police officials and he was given stamped receiving of the his application as he called Police Control Room by dialing 100 no. and they helped him while the other victims of dowry harrassment witnessed and appreciated his courage outside CAW Cell, Nanak Pura, Delhi.
Now on the very next working day Swamy received a notice from CAW Cell, that he is requested to appear in CAW Cell for couselling. Earlier they said that you don't need to come here as we will registere FIR agains you to teach you lesson for consulting with lawyers.
Swamy has now also filed one RTI in CAW Cell requesting information within 48 hrs asking for details of complaint number, name of accused, FIR no. (if any) with certified copy. Reply is avaited.
Swamy has also filed one RTI to Police Control Room to provide certified copy of transcript, audio Recording and forms filled, dd entry of police official reached on spot from P.S. during his call made to Police Control Room , to be provided within 48 hrs.
Swamy has also been advised to file an application requesting action against wife for , forgery, extortion, conspiracy as she has claimed for 18 " TV and 220 Ltr. Fridge when Swamy having bills of 14 " TV and 190 Ltr. Fridge, bills were of date 3 days before marriage are are on the name of his wife.
