DEEPAK MISHRA (assistant Professor) 18 March 2013
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?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 March 2013
313 no time limit
498a = 3 years, if no continuity is shown.
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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