I am having problem in my marriage with my wife, who has now filed a criminal complaint against me in the police station. The police station has not registered any FIR against me so far, but they are calling me for last several days and make me sit in the police station for 2-3 hours every time. Police is trying to force me to settle the marital dispute with wife. They are threatening me of dire consequences if I do not settle the marriage dispute with my wife amicably and they are also demanding huge amount from me. What is my remedy in such a situation?
When a criminal complaint in a matrimonial case is received, depending on the nature of the complaint, the police may generally try to mediate between the two parties and try to persuade them to arrive at an amicable solution.
In the recent case of Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 : AIR 2014 SC 187 : 2014 Cri LJ 470, wherein a Constitution bench of the Supreme Court directed mandatory registration of FIR by police where the complaint discloses commission of a cognizable offence, the Supreme Court has allowed a preliminary enquiry to be conducted in cases of matrimonial disputes / family disputes where necessity of such an enquiry is felt before registration of FIR.
As per further order dated 5 March 2015 of the Supreme Court in the aforesaid case, now the preliminary inquiry, if any, is required to be completely normally in 15 days, but in exceptional cases, by giving adequate reasons to be recorded in the General Diary of the police station, it may be completed in 6 weeks.
Thus, while the police can try to persuade the parties to a matrimonial dispute to amicably solve their issues, the police is not authorized to force any party for such settlement. Therefore, forcing you to settle your dispute with your wife and demanding some amount from you, as mentioned by you, is impermissible and police cannot do so. You can take legal action in this regard and/or may complain to the senior officers of the police department. But, at the same time, also expect that if there is no amicable settlement between husband and wife, the police may register FIR on the complaint of the wife which has been given to it already, as you have mentioned.
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