498a & 406
Mustafa Bhat
(Querist) 13 April 2014
This query is : Resolved
Sir,
Today i was going through my 498A & 406 case.I found following observations in it how can they help me.
1) Occurrence of offences 23-03-2009
2) Date on which FIR lodged 19-09-2010
3)Reasons of Delay Waiting for compromise.
4)Date written on application on which filed 17-09-2010
5)In application no date of occurrence has been mentioned.
6) Occurrences of offence has been mentioned in Statement U/S 161 as 23-03-2009
My point is
a) delay of almost 15 month in lodging FIR.
b) If application date shows 17-09-2010 why FIR on 19-09-2010 after 2 days.
c)when in application no date of occurrences has been mentioned how come they has shown in FIR it as 23-03-2009.
Is it going to help me anyway.So so please advise.
ajay sethi
(Expert) 13 April 2014
Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the complainant’s case improbable when such delay is properly explained. However, deliberate delay in lodging the complaint may prove to be fatal. In such case of delay, it also cannot be presumed that the allegations were an after thought or had given a coloured version of events. The court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is lodged clearly with a view to spite the other party because of a private and personal grudge and to enmesh the other party in long and arduous criminal proceedings, the court may take a view that it amounts to an abuse of the process of law. (Vide: Sahib Singh v. State of Haryana, AIR 1997 SC 3247; G. Sagar Suri; Anr. v. State of U.P.; Ors., AIR 2000 SC 754; Gorige Pentaiah v. State of A.P.; Ors., (2008) 12 SCC 531; and Kishan Singh (dead) thr. Lrs. v. Gurpal Singh ; Ors., AIR 2010 SC 3624)
Devajyoti Barman
(Expert) 13 April 2014
Delay in lodging complaint in marital disputes is not damaging.
Mustafa Bhat
(Querist) 13 April 2014
Sir,
Actually the lady didn't want to stay at my parental house, she wanted I should settle with her parents which i refused, the lady used stay mostly at her parental house & used visit my residence only after lot of pursuance for 2 to 4 day, she used to ill treat me & my Parents, she was holding higher official position than me & that was also in her mind, she used to misbehave with my family members & me, She wanted I should behave as her subordinate in matrimonial relation also, than I finally dispatched a divorce deed (Talaqnama) to the lady in Sept 2009 which she refused to accept & then after 4 days she filed maintenances case for our baby as she herself was Govt employ. But no notice was served to me for a year better know to her only, I did my 2nd marriage in the month of July 2010 & than On 13-09-2010 the lady filed RCR, & then on 19-09-2010 FIR for 498A & 406 with baseless allegations. She filed complain to SHRC, SWC, all ministers & all official in the department to harass me.
Devajyoti Barman
(Expert) 13 April 2014
Fight the cases on merit.
Quashing does not have much merit unless you could establish that Triple Talaq was validly performed.
Mustafa Bhat
(Querist) 13 April 2014
Devajyoti Sir,
The case is already under trail from lost 3 year & more, only few hearing are left for closing of witness,
I want to know will it help me during the trail & if so please guide,
T. Kalaiselvan, Advocate
(Expert) 13 April 2014
The facts stated by you about the delay in FIR and other delays will certainly help you to challenge her complaint and as Mr. Sethi expressed that the delay may prove fatal to her case, I fully agree to it.s
Dr J C Vashista
(Expert) 14 April 2014
Mr. Victim,
Anonymously query, disclose your identity.
However,I agree with experts, very well explained especially by Sh. Sudhir Kumar ji.
Prima facie delay in filing FIR is inordinate and your lawyer can take benefit.
Rajendra K Goyal
(Expert) 14 April 2014
Delay in lodging FIR is beneficial to you. Agree with the experts.
Mustafa Bhat
(Querist) 14 April 2014
Vahista Sir,
I have send you my identity on your mail along with the reason thereof.
