Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ABHISHEK B (Bekaaar)     14 June 2012

Delay in filing 498a/406 complaint

All,

Am looking for a few SC judgements for FIR quash due to delay in complaint in 498a/406 filed by my wife.

Brief facts :-

Wife has filed 498a/406 against husband/MIL/FIL out of vengeance and extort money.

1) Complaint/FIR filed after 16 months of seperation. All incidents mentioned are atleast 16 months old.

The delay in the complaint is not justified properly, since the complain just mention - 'mental and physical exhaution so could not understand what legal protection is available, which has caused the delay'. But, within the same 16 months, she has filed CrPC125/ Interim Maintenance (no DV) from court and is completely silent about any dowry harrassment.

2) Even the jurisdiction for all the alleged incidents is US and not India.

 

Please respond asap.



Learning

 7 Replies

Deep Narayan (learning)     14 June 2012

so now where are u residing now? in US or India? is the separation made through court? if the separation made through court then dnt worry she is on the weaker side. Now U have to prove that she is not residing u since 16 months. consult a good lawyer and dnt wry u are on the stronger side. she will in problem after few proceedings in the court. however arrange AB for father and mother.

ABHISHEK B (Bekaaar)     14 June 2012

Currently I am in India as well. We are still seperated. No divorce/seperate proceeding from either side.

Both FIR and Chargesheet already filed. All incidents mentioned are 16 months old. All are out in bail.

I want to see the merits for going for a quash.

Need SC judgements for prolonged delay in filing complaint/ jurisdiction issues/ malafide intentions/ extort money.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 June 2012

She would need to explain the delay in FIR. Delay in itself is not a ground for quashing, if the same is properly explained.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
2 Like

ABHISHEK B (Bekaaar)     14 June 2012

Can such a long delay be termed as intentions of harassing with malacious intents ?

If the FIR complaint and wife's 161 witness statement has anomalies, can that be brought forth during FIR quash ?

Moreover, the complaint or chargesheet is silent of any 'demand' by MIL and FIL, who never even stayed with us in USA. Can these be used as points for quash ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 June 2012

Nothing can be said w/o looking into FIR and CS.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

ABHISHEK B (Bekaaar)     14 June 2012

I have mailed the same at your gmail id. Can you kindly check the same ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 June 2012

Hmm sure.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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