Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Time limit to file FIR after complaint in false 498 A

(Querist) 30 September 2009 This query is : Resolved 
Dear Experts,
I got valuable advises in the same forum earlier, they gave much confidence to face the false complaint filed by my wife. The complaint filed on Jan'09. We got AB from H.C. Till now no FIR registered. Is there any time limit to file FIR after complaint. Can I get the complaint quashed based on delay? In the mean time local politician approached for negotiation. can I ask for a written statement from wife stating the complaint is false,attested by a Notary Public? or asked them to withdraw the complaint and get a mistake of facts certificate from police? or any other suggestions please.
PJANARDHANA REDDY (Expert) 30 September 2009
Raj Kumar Makkad (Expert) 01 October 2009
If the complaint has been sent by local criminal court to the concerned police station to lodge FIR under section 156 (3) cr. p. c. then the police is bound to lodge FIR as soon as possible but if a complaint has directly been lodged with police then police first may investigate and then may lodge FIR. In latter case though no limit is prescribed but it doesn't mean that months time is required. If no FIR has been lodged and no complaint is pending before court, you have nothing to worry. so far compromise is concerned, if is advised to get writing from your wife that allegations are false and that she do not want to initiate further. The signature of her parental family members and other witnesses should also be obtained.
Shivasurya (Expert) 01 October 2009
Mr John dont worry about the false complaint and dont go for settlement. Better you can file divorce petition if you are not willing for reunion or file restitution for conjugal rights if your are willing for reunion before the concerned family court or Sub-court. In practice if the police delayed filing FIR for offence u/s.498A, I.P.C., against the husband and in laws, they cannot file FIR in later stage

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :