Arjun Gupti (Business) 04 September 2012

498a - can fir be modified or re-filed by the police?

Hi, My friend's wife filed 498A complaint against him and his family members (father, mother, sister). But police launched FIR against 2 persons – my friend and his father. Now the case is in High court and mediation is going on. Both my friend and his father have got interim bails and mediation is on. Now the girl's mother has submitted a complaint to SSP office saying that police must also launch FIR against remaining members of boy's family i.e. mother and sister. Now can police file a separate FIR or modify the previous FIR to include boy's mother and sister? Is it possible? Or is it just a trick to put pressure on my friend’s family by police and girl’s family so that they can settle the case at a high amount? Since 498A case is not submitted (as mediation is on in High court), I do not think police can include boy’s mother and sister and launch FIR against them. But I need advice from experts. Please help. Thank you very much.

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9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 September 2012

Registration of FIR is the first step in a criminal case, it sets the ball rolling, and investiagtion starts, even though some people have not been named in the FIR can later be chargesheeted by the police if offence appears to have made out against them. But the same has to be done on the basis objectively determinable evide ences and not pressure tactics by the girl's side. IF you feel the girl side is unduly trying to influence the investigation, there is a lot you can do.

Consult a local lawyer

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 04 September 2012

FIR is not the be all and end all of police investigation if after that name comes up in statements u/s 161 police is free to challan them

Consult a local lawyer

Arjun Gupti (Business) 05 September 2012

Thank you experts (Mr. Ashish and Mr. Bharat) for your comments. Just one last query reg. this particular case - 1) say if police includes the names of girl's mother and sister in chargesheet, 2) or, if court summons them as per complaint filed by girl's family under 319 Cr.P.C - then will police or court ask for their arrest? I mean if police includes them in chargesheet, will they also come to arrest the mother and sister and then the entire process of anticipatory-bails /mediation needs to be carried out for mother and sister (like it is going on for boy and his father)? Or there will be ‘no’ arrest or FIR for mother and sister and they will simply be included in the case. Please clarify this.

Kishtaiah (Advocate) 05 September 2012

No arrest is needed when responded to the summons and appeared before the court. At best submission of a bond of surety for attending call on dates to answer the charge may be ordered.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 05 September 2012

FIR can not be changed, but additional statement can be given by the complainant which would form the basis of CS.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

Surbhi Upadhaya (Independent Practice) 06 September 2012

I go with what Mr.Ashish Davesdar has said.

The complainant would knows that any change in the FIR will backfire on her.

She will adopt the recourse suggested by Mr.Davessar

Shantanu Wavhal (Worker) 06 February 2013

Originally posted by : Shonee Kapoor
	FIR can not be changed, but additional statement can be given by the complainant which would form the basis of CS. Regards, Shonee Kapoor www.facebook.com/shoneekapoor Handphone: +91-8010850498 Email: harassed.by.498a@gmail.com Yahoogroups: https://groups.yahoo.com/group/sahodar