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DEEPAK MISHRA (assistant Professor)     18 March 2013

Statue of limitation under dowry law

Sir wife lodged an FIR on 17/09/2011, took back FIR at police station (by submitting AFFIDAVITE that she made false claims on husband and his family) on 02/10/11.

Police submitted a FINAL REPORT on 07/10/11 to distrcit court at Kasganj U.P. After receiving final report court issued summons to her but she never attend the court.

Now on today, my question is-

1) what is the STATUE OF LIMITATION for IPC Sec-498A & related sections?

2) What is the STATUE OF LIMITATION for IPC Sec-313?



Learning

 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2013

313 no time limit

498a = 3 years, if no continuity is shown.

 

 

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

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

If you don't fight for what you want, don't cry for what you LOST.
4 Like

DEEPAK MISHRA (assistant Professor)     20 March 2013

sir, she gave an affidavite (that she made false allegations against husband and his relatives) at police station which had been forwarded to court

if  i approach to high court for quashing now after approx 1.5 year, what role this affidavite will play in queshing of FIR.

and if sit silently, and she reopen the case, what is the time limit in which ahe can reopen it (as she took back her FIR before 1.5 year)?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 March 2013

The affidavit would work in your favor in quashing, you just site the in-ordinate delay.


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