CAW (Crime Against Women) Cells in Delhi follow a set procedure as they are made to achieve two purposes viz.,
(A) Voluntary, &
(B) Conciliatory
CrPC 91 is a wonderful tool to gather evidences.
It is NOT mandatory to attend CAW Cells.
They need to call you through summons/ notices.
This notice needs to be given through a police personnel who will visit your house in civil clothes otherwise if he visits in police dress then the social stigma will be attached & people will ask you questions.
If the wife goes to CAW Cell then that means she wants any form of reconciliation.
If she does NOT want reconciliation then WHY DID SHE WENT TO CAW CELL.
It is wrong on her part to visit CAW Cello if she has NO intention to unite with you.
CAW Cell can NOT be used as Extortion Cells (Neither Legally Nor Technically & NOT even based on the judgments of Higher Courts & Supreme Court). There are 'n' number of judgments in this regard.
CAW Cell can NOT be used as a ground to pressurize you to submit to her demands from divorce either. She needs to approach the Civil Court in that case & NOT the CAW Cell.
Further, if she was NOT interested in reconciliation then why she opted for CAW & why NOT she went for direct FIR through PS or direct FIR through Private Complaint in Court u/s 156(3) CrPC r/w 200 IPC
Hence, if she chose CAW then she made a fault of legally trying to extort you or harass you or threaten you to enter into an agreement to give divorce to her along with a hefty alimony.
NOTE THAT:- If she chooses direct FIR then she needs to either die before that or needs to commit suicide before that or needs to come out safe from an attempted suicide & a MLC needs to be presented immediately thereafter. In all these cases 498a becomes strong. In most of other cases 498a is neither strong nor having any weight so sit tight & enjoy the show & be busy in your daily chores.
ABOUT THE AUTHOR:- The author himself filed case against CAW Cells & got a rarest of rare judgment wherein his CrPC 91 was accepted. Please note that, usually CrPC 91 is the right of the defendant & not of a complainant. But in the instance case, the author of this blog was able to get his CrPC 91 approved & allowed by the lower court by persuasive, persistent & vehement argumentation before the Hon'ble Court. CrPC 91 of Complainant being allowed is one of the rarest of rae judgments in the history of Indian Judiciary.
(A) Voluntary, &
(B) Conciliatory
CrPC 91 is a wonderful tool to gather evidences.
It is NOT mandatory to attend CAW Cells.
They need to call you through summons/ notices.
This notice needs to be given through a police personnel who will visit your house in civil clothes otherwise if he visits in police dress then the social stigma will be attached & people will ask you questions.
Procedure of CAW Cell
Their job is just to try to reconcile between you & your wife. That's it!!!If the wife goes to CAW Cell then that means she wants any form of reconciliation.
If she does NOT want reconciliation then WHY DID SHE WENT TO CAW CELL.
It is wrong on her part to visit CAW Cello if she has NO intention to unite with you.
CAW Cell can NOT be used as Extortion Cells (Neither Legally Nor Technically & NOT even based on the judgments of Higher Courts & Supreme Court). There are 'n' number of judgments in this regard.
CAW Cell can NOT be used as a ground to pressurize you to submit to her demands from divorce either. She needs to approach the Civil Court in that case & NOT the CAW Cell.
Further, if she was NOT interested in reconciliation then why she opted for CAW & why NOT she went for direct FIR through PS or direct FIR through Private Complaint in Court u/s 156(3) CrPC r/w 200 IPC
Hence, if she chose CAW then she made a fault of legally trying to extort you or harass you or threaten you to enter into an agreement to give divorce to her along with a hefty alimony.
NOTE THAT:- If she chooses direct FIR then she needs to either die before that or needs to commit suicide before that or needs to come out safe from an attempted suicide & a MLC needs to be presented immediately thereafter. In all these cases 498a becomes strong. In most of other cases 498a is neither strong nor having any weight so sit tight & enjoy the show & be busy in your daily chores.
CAW CELLS ARE ILLEGAL
CAW Cells were said to be ILLEGAL by a lower court vis-a-vis delhi district court few years back due to technical reasons.ABOUT THE AUTHOR:- The author himself filed case against CAW Cells & got a rarest of rare judgment wherein his CrPC 91 was accepted. Please note that, usually CrPC 91 is the right of the defendant & not of a complainant. But in the instance case, the author of this blog was able to get his CrPC 91 approved & allowed by the lower court by persuasive, persistent & vehement argumentation before the Hon'ble Court. CrPC 91 of Complainant being allowed is one of the rarest of rae judgments in the history of Indian Judiciary.
In order to close or end a false FIR registered against you at CAW Cell or for the Quashing of CAW Cell Complaint at the CAW Cell Delhi vis-a-vis Delhi High Court, the judgments of Justice Shiv Narayan Dhingra may be referenced to with.
ReplyDeleteThe CAW Complaint Copy through RTI may be obtailned using RTI Online by paying ePostal Order. Other quesries that come to mind are:-
Can a FIR be withdrawn?
and the right procedure to withdraw or nullify the FIR
Can I cancel FIR?
or Can FIR be closed by police?
and What happens if police do not take FIR?
What if chargesheet is filed? and Can a case be withdrawn?
and Can a police complaint be withdrawn?
Can an FIR be quashed?
Is there any time limit to file FIR?
Can police refuse to file an FIR?
What is difference between complaint and FIR?
How do I file a complaint against a police station online?
What to do if the police refuse to register an FIR?
How do I make a complaint against a police officer?
Can FIR be lodged in non cognizable Offence?
so, the basic question pertaining to getting CAW Cell Complaint Copy liues in getting the CAW Cell Complaint Quashed at the CAW Cell level in DeLHI SO THAT the matter is closed at the Crime AGAINST Women Cell level itself without moving to the court of law.
Closing a false FIR under section 498a needs to be done aptly
Deletesimply for the DV Petition of your wife, the Summons needs to be challenged
Hence, the simplest procedure to do this is to:-
CLOSE THE FALSE CAW CELL COMPLAINT IN THE CRIME AGAINST WOMEN CELL itself
A false crime against woman cell complaint must be obtained through RTI in the above said manner but thereafter one after another RTI on CAW Cell may be filed with the help of atur chatur as per the best of my knowledge so that the worngs of the CAW Cell are highlighted
Once the matter reaches the CAW Cell, the procedure to handle the CAW Cell needs to be learnt from the postings and blogs of ATUR CHATUR
CAW is a stage of voluntary reconciliation
and if the husband is pressurixed to come
or
the matter is NOT tried to be reconciled then
THE BEST APPROACH to close a false CAW Cell complaint is to challenge &/ or COUNTER's for the false CAW Cell complaint filed by wife
sir, me suraj from new delhi
ReplyDeletemy wife filed a complaint against me in police and a phone came to me yesterday and the person on other side referred himself to be SI Karambir and he told me that my wife named sushmita has filed a complaint against me in women cell maurya enclave pitampura
sir, should i goto maurya enclave police station or maurya enclave caw cell and please suggest me how to get the complaint copy at crime against woman cell as filed by my wife?
and is there a right way to handle the procedure at mahila thana in delhi and any more suggestions w.r.t RTI at CAW Cell that you would like to suggest me, i shall be highly thankful to you.
please reply me urgent
There is no provision to get the FIR cancelled but if the police is corrupt and the boy's side is able to get the B-Report prepared from dirty cops using M power then, YES, the FIR may get cancelled but that is NOT called as cancellation of the FIR.
ReplyDeleteTHE RIGHT STEPS ARE:-
Get the Dirty Cops to prepare a B-Report in your favor.
If the B-Report gets prepared then ask them to file for nullification of FIR by the court based on the investigation done by police, which says no offence proved.
Hence, the lowest possible magistrate may then be empowered to get your FIR u/s 498a cancelled.
After that the wife may challenge this within 90 days max in a High Court.
Regards
HOW TO CANCEL FIR !!!
http://howtocancelfir.aturchatur.com/