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Ashfak (Business )     04 August 2024

Fake fir registration

I done love marriage without saying to family we get marriage she was living in abroad she came we married on that its self as it was my first marriage but her was second but she ly to me

As  muslim we are muslim we marriage as per religion rule and we done affidavit as u knows in love marriage and also religion siggil as aslo we got from kazi who read our nikha in that write as e both have first marriage it that day I done know about her of 2 marriage

After few days she told me that she was married etc etc after that our argument happen as after that my family know everything but I don’t tell about her second marriage after that her father request us that i want make re marriage on same siggil of both of then in my area to show that she is married now

Now we got her parents home but till know i could saw buz of my family reputation but after that

I too her to family doctor for nomal check up for fever as doctor to me that she has operation i got shock  then i ask her then at the end she told me  i had child and it was died after 3 month of birth

Then we have daily argument

On that aslo my family not aware of this at last she try to raise hand on me 3  times at last attempt family look and call her parents

After that told everything to my family and then i told then to take her parents back at 5 feb and we live only 35 days after that she try to come back to my home i never take her back as she was try to separate my from my family as she forcefully try to come in my home my family took her near police station and record as statment that  y u are come here etc in that she discribe

About domestic violence

as my family take care as there daughter

 

Then 2 month pass i konw about her previous husband case was pending in court

As husband was requesting her to cam back as her father shown us talak nama of her but sign of husband was totally different

Then i decided to send talak ke ban to her after 2 month left my home as i know her case was still pending till now she do any thing or any complaint or nothing

Then i send talak ke ban to her and after that she send advocate notie in that as glaim that woman violence statment  for dowry

After 2 months after she send application to my near police station as she live far from my house  in that she write i got rape from my husband he force me to take drug alcohol rape me and left my uncle rape me after coming home and my family biten  me

As  we were living in other home alone

Police  call her serval time but she never came in police station then after  1 month police close the application saying she not came and application os fake

After few days she  case file near her police station 498a on me and my family ,354  on my uncle

In the application she send that police station was completely different from the one which she send to our  police station

Police call us on 41 notice we coparate them

Them he call her but she is in abroad 2 month pass she not came after serval call to father and her

Now what will happen if she not came from abroad as she have  fake fir to police and ran away



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     04 August 2024

As the previous police station had already closed her complaint because she didn't turn up and now she is again doing the same thing,  you may show the proof to the new police officer and request to close this false complaint. 

1 Like

Ashfak (Business )     04 August 2024

But she as  file fir complaint of 498a and 354  then also police as authority to close the fir complaint if the FIR is fake 

also she did not came till 2 month pass away after fir file 

T. Kalaiselvan, Advocate (Advocate)     05 August 2024

After lodging a complaint if she's not cooperating with the police for inquiry then the police may consider it as false complaint and close it and they cannot wait for her return endlessly.

Saloni Pande   08 August 2024

FIR stands for First Information Report, it is the first document prepared in a criminal proceeding under sec(154) of the CrPC,1973. In cognizable offence (i.e. murder, rape, theft, attack, ect) it can be lodged under sec2 of CrPC. Cases of defamation and bigamy come under non-cognizable offences. For cognizable offence arrest can be mad without any warrant. For an innocent person the question of false FIR can be haunting resulting to be the traumatizing phase of the persons life. A good lawyer is required to assist you in such cases as the process demands expertise and knowledge.

In India legal proceeding are exhaustive. There are various remidies against such a complaint.

When the false FIR is filed , an anticipatory bail can be filed in Sessions court or High court under the Sec 438 of CrPC. The accused can file the same under Sec 437 of CrPC if the arrest is made. Under the Sec 482 inherent power could be exercise :

 The alleged offence does not constitute in the complaint

The act for which the FIR was registered against the accused never happended.

If the FIR has no clear evidence to prove it against the accused

Before the chargesheet is filed an application can be filed under Sec 482 to quash the false FIR against you. High court can quash FIR is there is a misscarage of justice to the victim. After a  chargesheet is filled and the case is connitted to Session court   the accuse can file application under Sec 227 pf CrPC. After commencement of trail an application can be made under Sec 232 of CrPC

Ashfak (Business )     08 August 2024

If the person who as  registered fir is out of india she only came to put fir and ran away in that case police as authoritie to close the fir if she not came till 90 days after complaint registered 


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