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|FIR registration by Police and Crime against Women Cell, Delhi for Dowry Demand|
Q1. What is the Purpose and Jurisdiction of Crime against Women Cell in Delhi (CAW Cell)? Can I make police report or register the F.I.R. with the Police Station directly in Delhi, or I have to make complaint to the Crime against Women Cell in Delhi?
If you foresee that there is no point in going through reconciliation proceedings, or you do not want to waste your time in any reconciliation proceedings, or you know that it is going to fail anyway as your husband and in-laws are not going to give way to your demands, you can directly make police report or register the F.I.R. with the Police Station saying so.
If the Police Station refuse to lodge your F.I.R. you can directly file your complaint to the concerned Court with an Application to direct the SHO of the Police Station to register the F.I.R.
However, if you want some platform, where, in the presence of police officer and without fear, you can talk with your husband and in-laws to resolves the disputes and differences, and feel that something good may come out of reconciliation proceedings, you can make complaint to the Crime against Women Cell in Delhi.
The purpose and jurisdiction of Crime against Women Cell in Delhi is very-very limited. Basic purpose of the Crime against Women Cell in Delhi (CAW Cell) is to provide a platform where the husband and wife can talk and sort out their family disputes and differences in-front of the Police Officer.
Proceedings before Crime against Women Cell in Delhi (CAW Cell) are reconciliatory and voluntary up to the stage of pre-registration of F.I.R. Crime against Women Cell in Delhi (CAW Cell) is meant to save the marriage.
Crime against Women Cell in Delhi (CAW Cell) have no judicial or quasi-judicial powers. Crime against Women Cell in Delhi (CAW Cell) even lacks any power to take any kind of coercive action against either the husband or his parents and other relatives. Crime against Women Cell in Delhi (CAW Cell) has no power to investigate the crime complained.
Crime against Women Cell in Delhi (CAW Cell) does not have powers to even secure the presence of the accused husband or his parents or his relatives named in the complaint of wife by use of any coercive powers of sending summons etc. At the most the Crime against Women Cell in Delhi (CAW Cell) can only send request letters to the accused to appear before it for conciliation purposes.
F.I.R. is only lodged if the conciliatory efforts fail. However, Crime against Women Cell in Delhi (CAW Cell) can take up the investigation if the case is referred to it after registration of F.I.R.
Normally, if a F.I.R. is lodged straightaway on the complaint of the wife, the arrest of the accused follows, which may cause irreparable damage the relations between the husband and wife and their families, making the return of the wife to matrimonial home literally impossible.
Q8. At which place I can make police report or register the F.I.R. as I am currently residing in Delhi, whereas my matrimonial home is at Ludhiana and my husband and in-laws resides there?
Cr. P.C. provides for the jurisdiction of Police Stations regarding registration of FIR and investigation of case. The FIR can be registered and lodged in the Police Station of the place where the crime or part of the crime has taken place. If the crime is spread over various Police Stations, then FIR can be registered at any of the Police Station within which the crime has taken place.
Crime cannot be registered on the basis of residence of either husband or wife.
If the crime was not committed within the territorial jurisdiction of Police station of your current residence, though the FIR can be registered by that Police Station of your current residence, but FIR in such cases should be forwarded to the Police Station having jurisdiction over the place where the crime was committed.
Q10. Can I draft the dowry demand complaint myself or I have to hire the services of Advocate / Lawyer / Vakil / Attorney?
We highly recommend the hiring of services of Advocate / Lawyer / Attorney / Vakil conversant with Marriage and Family Laws.
Various legal issues are involved, for which your Advocate / Lawyer / Attorney / Vakil would be a competent person to handle and take care of.
You can avoid unnecessary hassles for getting into thick and thin of dowry demand complaint.
You being layman would be incompetent for handling Police Cases, and hence, can commit various avoidable mistakes in your self-drafted complaint, some of which may be fatal for your case, and because of which the SHO or Police Station or Crime against Women Cell in Delhi (CAW Cell) can refuse to register / lodge your dowry demand complaint.
Read further ... Dowry Death
|Read More ... Dowry Demand, Dowry Demand Cruelty, Return of Dowry Articles, Police FIR / CAW Cell, Dowry Death, |
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Last Updated: 18 July 2010