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Determined to get justice (Manager)     12 February 2013

Fir

Sorry if this seems like a silly qt: Can an FIR filed  for section 498A/406/304 against certain family members be modified to include someone who has become part of this family through marriage, much after the FIR has been filed??



Learning

 10 Replies

ashoksrivastava (scientist)     12 February 2013

No he or she should be relative of husband at the time when  cruelty is alleged to be done

1 Like

Never Give Up (Fighter)     12 February 2013

FIR can not be enhanced once filed. However new FIR can be registered.

SRISHAILA.DHARANI (Advocate&consultant)     12 February 2013

new person can not be included in taht FIR

Another thing , that new person should be relative of the husband, then only it will be considered otherwise no

srishaila,9741425514,advocate,bangalore,sdharani120@gmail.com

Determined to get justice (Manager)     12 February 2013

@ Never Give up - say there is an unmarried sibling named in the FIR, and this sibling gets married several months after the FIR has been filed, I would presume it would be difficult to file an FIR against the "new spouse" (so to speak), esp if there is no link or interaction with the complainant or her family, right?

Rahul Kapoor (Legal Enthusiast)     13 February 2013

hello,

police can include name of new person in chargesheet or by challan in the court.

original FIR cannot be amended.

 

regards-

rahul.gogreen@gmail.com

Determined to get justice (Manager)     13 February 2013

@ Rahul - If this new person was not a relative of the husband at the time when the cruelties were alleged to have happened, On what  basis can he/she be included in the chargesheet? Any suggestions on how this can be avoided?

Rahul Kapoor (Legal Enthusiast)     13 February 2013

if name was included then u must be having all proofs that the person was not with the victim at the time the allegation were made.

 

regards-

rahul.gogreen@gmail.com

Never Give Up (Fighter)     13 February 2013

Dont worry so much, even if it is included by hook or crook, the person will be discharged/ FIR can be quashed on this reason.

 

There are judgement on the same "Improved allegation not allowed, FIR Quash" , just google on this words..

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 February 2013

Has the chatgesheet been filed? She can give supplimentary statement.
2 Like

ashoksrivastava (scientist)     13 February 2013

He can not be included. if this has been done it must be based on incorrect information supplied by wife.If CS has not been filed inform IO in writing. his name will be removed from CS. if it has been filed inform court before framing of charges. he cannot be charged with 498a I suspect he must have been charged with 406 or 323 etc.on some false allegation.


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