Legal Question in Criminal Law in India

Contradicting statements in FIR

Ld Counsels, I am falsely implicated by my wife and father in law. My FIL gave a complaint stating that I demanded 10 lakhs for living with his daughter. After one month police took another statement from my wife that says I am not interested to live with her and I am demanding money even to give divorce. If she wanted divorce she should have approached family court instead. The fact that we attended couseling before going to police is not revealed in teh first statement. Also the FIR is filed after one month since the compliant is lodged. This is a counterblast for my petition in family court under section 9 of HMA. My wife has left my home with all her things and threatening me to give money. Can this FIR be quashed. There is no mention of date and place of dowry demand, the statement that she seeks divorce and his fathers statement that I demanded money to live with her is contradicting. Also pls tell me if police can tamper with statemetns made and further complicate the matter. I have not received summons from court. FIR registered on 10th Nov 2008.

Asked on 2/02/09, 6:40 am

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates
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Re: Contradicting statements in FIR

Already replied.

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2/06/09, 4:18 am
Shrichand Nahar S.V.Nahar, Advocate
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Re: Contradicting statements in FIR

Tampering not possible with FIR as it is immediately sent to concerned Magistrate.

Quashing will depend on several factors. Kindly consult your lawyer with all details.

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2/06/09, 6:32 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: Contradicting statements in FIR

The courts rarely interfere in investigation and are very reluctant to quash FIR if a bare perusal of the allegations constitute the offence. However, you may want to engage a local counsel for examining appropriate remedies.

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2/02/09, 11:24 pm
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Re: Contradicting statements in FIR

Thanks for referring an interesting question of law involved in the matter. I had carefully gone into the facts narrated by you in your reference.

As you day that there is contradiction in the statement of your wife and your father in law , no date and particulars of dowry demand etc. mentioned in the F.I.R. and also want quashing of FIR.

As far as quashing of FIR is concerned at this stage, it does not appear to possible in the facts and circumstances of the case . However , after going through the papers it can be advised properly.

Police can record more statements. It is for you to be visilant so that nothing wrong could happen with you. Every body has to act according to law.

In case you find any difficulty, please donít hasitate to recommunicate your problem or contact on 9818202631.All possible assistance will be provided you.

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2/02/09, 11:29 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates
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Re: Contradicting statements in FIR

If possible contact personally.

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2/04/09, 9:29 am
pramod kumarojha advocatepramodkumarojha
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Re: Contradicting statements in FIR

actually u have not mentioned about the section in which the FIR has been registered against you for the said allegation.but at my best experience i can draw inference to go through the contents shown by you that should be registered u/s 498A.and if it was registered under the above mentioned section, you should move before the court for taking bail .because it is a cognizable offence and no summons is required for this

.

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2/04/09, 10:33 am

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