Legal Question in Criminal Law in India
Contradicting statements in FIR
Ld Counsels, I am falsely implicated by my wife and father in law. My FIL gave a complaint stating that I demanded 10 lakhs for living with his daughter. After one month police took another statement from my wife that says I am not interested to live with her and I am demanding money even to give divorce. If she wanted divorce she should have approached family court instead. The fact that we attended couseling before going to police is not revealed in teh first statement. Also the FIR is filed after one month since the compliant is lodged. This is a counterblast for my petition in family court under section 9 of HMA. My wife has left my home with all her things and threatening me to give money. Can this FIR be quashed. There is no mention of date and place of dowry demand, the statement that she seeks divorce and his fathers statement that I demanded money to live with her is contradicting. Also pls tell me if police can tamper with statemetns made and further complicate the matter. I have not received summons from court. FIR registered on 10th Nov 2008.
6 Answers from Attorneys
Re: Contradicting statements in FIR
Already replied.
Re: Contradicting statements in FIR
Tampering not possible with FIR as it is immediately sent to concerned Magistrate.
Quashing will depend on several factors. Kindly consult your lawyer with all details.
Re: Contradicting statements in FIR
The courts rarely interfere in investigation and are very reluctant to quash FIR if a bare perusal of the allegations constitute the offence. However, you may want to engage a local counsel for examining appropriate remedies.
Re: Contradicting statements in FIR
Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.
As you day that there is contradiction in the statement of your wife and your father in law , no date and particulars of dowry demand etc. mentioned in the F.I.R. and also want quashing of FIR.
As far as quashing of FIR is concerned at this stage, it does not appear to possible in the facts and circumstances of the case . However , after going through the papers it can be advised properly.
Police can record more statements. It is for you to be visilant so that nothing wrong could happen with you. Every body has to act according to law.
In case you find any difficulty, please don�t hasitate to recommunicate your problem or contact on 9818202631.All possible assistance will be provided you.
Re: Contradicting statements in FIR
If possible contact personally.
Re: Contradicting statements in FIR
actually u have not mentioned about the section in which the FIR has been registered against you for the said allegation.but at my best experience i can draw inference to go through the contents shown by you that should be registered u/s 498A.and if it was registered under the above mentioned section, you should move before the court for taking bail .because it is a cognizable offence and no summons is required for this
.
Related Questions & Answers
-
Forge signature I joined one of the Multi-Level Marketing and pretty success in the... Asked 2/01/09, 11:23 am in India Criminal Law
-
Dv case We got married in India under HMA.Currently i am in USA on H1.Recently i... Asked 2/01/09, 3:46 am in India Criminal Law
-
Court Staff Fraud In a Civil Dispute of the year 1988, the Court staff colluded with... Asked 2/01/09, 12:40 am in India Criminal Law
-
Section138 sentence confirmed and appeal dismissed in a case under section 138 by... Asked 2/01/09, 12:39 am in India Criminal Law
-
Bailable/non-bailable my husband has already taken a 5 days stay arrest bail as i... Asked 1/29/09, 6:06 pm in India Criminal Law