498a, 323, 504, 506, 420, 406 3/4 dp act.
rajeev
(Querist) 18 May 2015
This query is : Resolved
Hi,
My estranged wife has files an FIR against me in 2013 and right now her "jirah" is going on. She filed all the IPC section against me in March of 2013 and 7 months 7 days later she went to the same police station and filed 406 and 420 against me.
Yesterday when my lawyers asked her why did she waited 7 months and 7 days before filing such a serious charges against me.......her answer was and I quote " I was in sadma (shock) as my husband showed up at my house and insulted me and my parents and threatened us that we should give him 10 lacs rupees and my parents should hand over their house to him".
When my lawyer asked her for how long she was in shock she said, 3-4 days, when my lawyer asked why did she waited 7+ months before lodging 406 & 420, she said she chooses not to answer this. She has used this tactic dozen of times in her jirah, when ever she is trapped in her lies she says that " she chooses not to answer this questions". My question is can she take this stand and if yes for how long.
Also if an FIR has been filed/written in shock, distress and "sadma". Does this FIR holds any legal validity?? Under what laws can I challenge this??
Thanks
Devajyoti Barman
(Expert) 19 May 2015
Delay in lodging FIR is a ground for acquittal for which you have to wait till completion of trial
Before that you can do nothing.
Quashing has no merit.
Rajendra K Goyal
(Expert) 19 May 2015
No other alternate but to defend yourself on the merits, you have good grounds.
rajeev
(Querist) 19 May 2015
But my question is that.......Is that FIR holds any validity if its written in distress or sadma.
Rajeev
Guest
(Expert) 19 May 2015
In whatever state the FIR was written that is valid. However, if is up to you to prove that the FIR was written in distress or sadma.
rajeev
(Querist) 19 May 2015
Mr.Dhingra my estranged wife herselg has accepted the fact that she was in sadma at the time of lodging the FIR and she came out of her so called sadma after 4 to 6 days....but she still waited for over 7 m9nths before she filed 406 n 420 against me. Does this hold any validity in court's eye. All this is beside the point that her whole story is 100% lies.
Guest
(Expert) 19 May 2015
It is valid in all respects when she stated in the court that she was in a shock due to her parents having been insulted and threatened by you. Distress or shock does not mean under pressure by some one.
In fact that would prove to be the most weakest point of of your defence, rather proves offence on your part.
Better defend your case on merits of the case.
Sudhir Kumar, Advocate
(Expert) 19 May 2015
She has given sufficient evidence against you for proving that you cause her "sadma"
Your are commenting nothing of S/406 why and on what grounds it is imputed on you.
malipeddi jaggarao
(Expert) 19 May 2015
Defend your case on merits instead of harping on the validity of FIR filed when is in shock. That is not a valid reason to say FIR is invalid.
T. Kalaiselvan, Advocate
(Expert) 20 May 2015
The shock has got nothing to do with the complaint lodged with police and there is no legal infirmity in it. However it is clear case that she is telling lies after lies and also has filed the false case against you, so it is better to challenge her case properly and wait for the outcome. Dont ask question that whether her stand is valid in the court of law.
rajeev
(Querist) 20 May 2015
Thanks everyone
Nadeem Qureshi
(Expert) 20 May 2015
Dear Querist.
I don't think so that you should raise this point. At the time of argument you can get benefit of doubt and get acquittal from court.
Sudhir Kumar, Advocate
(Expert) 20 May 2015
another isolated and vague query at
http://www.lawyersclubindia.com/experts/498a-538486.asp
Biswanath Roy
(Expert) 05 June 2015
What is your lawyer's opinion who is handling your case?
