Is fr possible in 498a, dp 3/4 case

1.    Do you want your wife to come back?

When I counted her sections on you one common section is missing that is 406........do she has forgotten.........ooppss her lawyer might have not suggested her.

After investigation police either file FR or Charge sheet in court.

Yes, would like her back, for the sake of 2 lovely children (and 2 digit number of years of marriage) who are sufficiently old enough for me to let go of either mother or father. She let her parents interfere (she tried to avoid their interference to some extent), she uses her parents interference (many times) to get what she wants even though its unreasonable.

Would like to have her back if she acknowledges her mistake in court and says her case is false and highly exaggerated done at the behest of her family members.
 Is this possible for her to do it and has this happened in the past TaosJobs?

I have admired u "taosjobs", "legal hands" and "sufferer" especially for your help to so many members here. Please opine.

Do Police actually close FIR with FR in such cases with positive result for boy's side?????

Yes 406 is somehow missing :-)

1.    If you make a ‘admission’ that you do want your wife to come back then your pleadings r/w prayer paras in reference RCR is so far said to be genuine.

2.    Hitting now your main (first) question before me;

the purpose of registration of an FIR are manifold - that is to say

-      To reduce the substance of information disclosing commission of a cognizable offence, if given orally, into writing.

-      if given in writing to have it signed by the complainant

-      to maintain record of receipt of information as regards commission of cognizable offences

-      to initiate investigation on receipt of information as regards commission of cognizable offence

-      to inform Magistrate forthwith of the factum of the information received.

3.    Hence a police officer mandatorily registers a case on a complaint of a cognizable offence by the citizen under S. 154 of the Code is no more res integra. The point of law has been set at rest by Hon’ble SC in State of Haryana Vs. Bhajan Lal [1992 Suppl. (1) SCC 335]. The Hon’ble SC after examining the whole gamut and intricacies of the mandatory nature of S. 154 of the Code has arrived at the finding in paras 31 and 32 of the judgment.

4.    Hitting now your second last question before me;

Yes it has happened till the recent past. In several cases a complainant has stated her mistakes relating to family law with then reasons and parties matter was compromised as per procedural Laws and their marriage was saved. For it to happen mediation which the Court has ordered as per your brief is route out. 

Thanks a lot TaosJobs, a litle more help is needed.

My main 2 queries:

1 - Will the wife be able to sign an affidavit in court that is something she filed the cases in haste and anger and they are false, most are due to normal wear and tear of marriage? Without any repercussions on her. I want her a safe way out at the same time absolving myself of blame and future problems due to this complaint.

In case she has to make future complaints for Future problems after settlement can happen for future issues only. I would like her to not be able to use the previous case allegations for future cases those would be on their own facts of the case.

2 - Do the police do FR of the FIR with positive result for husband's sides considering facts, evidences etc so that chargesheet is avoided?

To your subsequent two questions before me, I have following to say;

Que. 1 - Will the wife be able to sign an affidavit in court that is something she filed the cases in haste and anger and they are false, most are due to normal wear and tear of marriage? Without any repercussions on her. I want her a safe way out at the same time absolving myself of blame and future problems due to this complaint.
Take: If you want her a safe way out then speak positive during mediation to coax her - her side to close Criminal law usage by them by way of compromise. Once done as per procedures followed in Criminal proceedings then for every future offence - violence you cannot seek immunity on today's date and or the date she compromised as FOREVER for a simple fact violence- offence is against the State and State's standing council will never give you lifelong immunity for any revival as there is no such procedure State adopts in instance question.

Que. 2 - Do the police do FR of the FIR with positive result for husband's sides considering facts, evidences etc so that charge sheet is avoided?
Take: Each case is unique and telling you what you want to hear today is impossible and I donot practice that. For record, Police may investigate the case as per procedure laid down in the law. After completion of investigation case file is sent to concerned magistrate Court for a judicial verdict.

-      Police prepares final report as per S. 173 CrPC and presents supplementary report as per S. 173 (8) CrPC.

-      Police presents final report (charge sheet) in three forms which are;

- by way of Challan
- by way of Un-trace report
- by way of Cancellation report

Challan; Police prepares final report (charge-sheet) as challan against the accused in the case and presents report in the court for trial. The trial against the accused is held in the court in his presence and accused is convicted or acquitted or discharged.

Un-traced report; Final report is presented as un -traced if accused does not join investigation or police is unable to arrest the accused in the case. Case file is always open for investigation. if police gets any information about the accused even after filing the final report as un-traced, police again starts investigation and after completing the formalities of the investigation, presents final report in the court for trial.

Cancellation report; After registration of the FIR, if the offences against the accused are not proved and allegations are found false. The investigating agency files the final report as cancellation report and recommends action u/s 182 IPC against the complainant.

PS:
Donot ask me same que. 2 via PM. Face investigation – Law.  

[Last reply]

Originally posted by : dhruv
	Thanks a lot TaosJobs, a litle more help is needed. My main 2 queries: 1 - Will the wife be able to sign an affidavit in court that is something she filed the cases in haste and anger and they are false, most are due to normal wear and tear of marriage? Without any repercussions on her. I want her a safe way out at the same time absolving myself of blame and future problems due to this complaint. you know your wife very well hence you are the only person who can convience your wife or stage to the police the given facts and the same can be withheld prior to submitting the charge sheet in court  .But this complaint can be filed again and again anytime she wants making you dance on your toes or your B**ls .  2 - Do the police do FR of the FIR with positive result for husband's sides considering facts, evidences etc so that chargesheet is avoided? only the police can tell you that ? one side you seek a compromise and on the other hand you worry about your report . you are Confused

ROTFL........ The author of this post has promoted Our Learned friend Tajobs  to be a fortune teller .

@ Querist,

Your first post replicates that you not Living in India as you are unaware of these Laws.

For your concerns:

1. Your wife had lodged comlaint which has turned into FIR.

2. Take FIR copy apply for AB without any delay.

3. Prepare your strategie to defend all the sections which she made through allegations in FIR.

4. Police need to file final chargesheet within 90 day's of FIR.

5. During these period whenever an investigation occurs by your police jurisdiction tell the truth and make that charge sheet favourable to you.

For your second post:

1. Don't play an offer game with your case that one is free for another.At one end your wife is filing half Dozen of sections and You Bhaisaheb still dreaming of her to give her Clean chit. I doubt on your Act.

2. Do some pshycological training to get the exact answer whether your jurisdiction police will co-operate with you or else Give a Danda. Don't worry you will develop a domestic relationship with police after your own DVA 2005.

regards.

@sufferer

I appreciate ur reply. My basic aim is to have her back only if the charges are proved false. Either she accepts it or its a long wait for 6-7 years for the first court's decision after chargesheet.

That is why I was wondering if FR can be done which will be better considering the fact that I have solid evidences and her charges are false.

If she states that charges are false in the settlement then I will not be troubled with same charges of dowry harassment for the time preceding the settlement. That is my aim. Of course wife will be free to make charges against me later but it will be for the time after resuming co-habiation. That risk I may take depending on my wife's attitude and our personal situation of 2 kids.

@sufferer do you think this is impossible or difficult or this kind of thing that happens in many cases although a small percentage?

I am looking at both

A) parallel compromise if not reached in the way I like i.e. she accepts that she filed false case

B) stopping chargesheet from happening by convincing police of facts and giving evidences.

@ Querist,

If you are willing to cohabit with her even after her false cases then following things can be done:

1. Have a talk during the time of mediation and convince her to withdraw the cases and join you for the sake of your children's.

2. If you have strong evidences against her false cases then directly go for quash that FIR in HC with sec 482 crpc.

3. If you are worried that how she will accpet her false cases then you simply wait for the time after trial when her all accusations will fall apart if you have evidences against her oblique allegations.Then it will be universally accepted by judge then no need for her to accept.

4. You have already filed RCR fight for that and get the decree,then think what to do.....whether go for Divorce without maintenance or simply live life as a married Bachelor after that if you don't want to end this dead relationship

5. Thinking too much,better concentrate on her false cases as how to dismiss them at first priority then think ahead to make her accept the false cases or not.

regards.

@ Querist,

If you are willing to cohabit with her even after her false cases then following things can be done:

1. Have a talk during the time of mediation and convince her to withdraw the cases and join you for the sake of your children's.

2. If you have strong evidences against her false cases then directly go for quash that FIR in HC with sec 482 crpc.

3. If you are worried that how she will accpet her false cases then you simply wait for the time after trial when her all accusations will fall apart if you have evidences against her oblique allegations.Then it will be universally accepted by judge then no need for her to accept.

4. You have already filed RCR fight for that and get the decree,then think what to do.....whether go for Divorce without maintenance or simply live life as a married Bachelor after that if you don't want to end this dead relationship

5. Thinking too much,better concentrate on her false cases as how to dismiss them at first priority then think ahead to make her accept the false cases or not.

regards.