do you have marriage registration certificate
2) it is proof of solemnization of marriage
3) no harm in producing witnesses of marriage
4) even if you dont produce marriage photos are proof of marriage
5) it is better to produce witness for marriage
Police inctiveness in 498 A
Sir ji, FACTS :- Wife previously filed case under PWDV Act. In the said case while passing Interim Order the Magistrate made Findings as under :- It is admitted that the Marriage between Wife and Husband has been solamnised on so and so date and Court further held that prima facia it appears that violence has been committed on Wife by her Husband and his Mother Now After 6 Months Wife made complaint of Husband and her Mother in Law for cruelty, harassment etc. in Police Station. Wife Produced Marriage Photo as proof of Marriage. Wife also produced certified copy in original of Magistrate's Interim Order in which it is clearly stated that Marriage has been done and violence appears to have been committed on wife. Even then Police took 3 Months for completing necessary formalities. And then Police made FIR u/s. 498 A r/w. 34 of IPC against her Husband and Mother in Law and allotted FIR Number, too and gave copy of FIR to Wife also. Police made FIR and gave FIR Number ____/2019. But, now Police Officer asks Wife to bring some witness of Marriage. But Wife’s Relatives do not want to go to Police Station and hence matter is pending since last 40 days. QUERY :- Police has filed FIR and given FIR Number also and Police has Marriage photo and certified copy of Magistrate’s Order stating therein that Marriage has been done and violence appears to be committed on Wife Whether in spite of above the Police can stop further proceedings in the matter for want of witness of Wife’s Relative ? Please reply and guide remedy too Regards HARIOM
Asked 6 years ago in Criminal Law
Religion: Hindu
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13 Answers
Dear sir,
Since there is a finding which is not challenged before higher court as such is it is binding upon police officer to file charge sheet against the husband atleast
police cant stop proceedings in this kind. its court discretion to order the same in the manner permitted in consonance with law
- FIR is an important document because it sets the process of criminal justice in motion.
- After FIR is registered in the police station ,police has to start investigation of the case, and during the investigation , the I.O. of the case can ask for withnesses in support of the allegation mentioned in the FIR.
- Since , the documentary proof has already given to the police by the wife , hence for preparing the chargesheet of the case, the police is asking for further witnesses.
- If, no body is agree to appear before the police, then just inform the police for the same.
- No, police will not stop further proceeding of the case , but there will be delay in filing of the Chargesheet before the Court.
- Better to inform the police/I.O for your inability to present the witnessess before him. Then he will produce the charge sheet without any furthe dealy before the court.
Good luck and dont forget to rating positively.
The witness can be called to the police station if the police wants. The police does not want to pursue the matter further and that is why this absurd demand. The court has already acknowledged the existence of marriage and issued an order.
Therefore police should proceed ahead.
Regards
Police has done their duty now the court's duty start her police can't become a judge. Kindly ask police to forward FIR into court and let court proceed further.
As the FIR is registered, the police will complete their investigation ( taking statements of the witnesses, visiting the crime scene and inquiry of neighbors etc) and then file the charge sheet in the concerned magistrate court. Keep in constant touch with the police and help them in their investigation. Once the charge sheet is filed, accused will be sent summons from the magistrate court for his appearance and thereafter the proceedings of the case will actually start.
It is matter of investigation and may be police is trying to help the accused party by making some collaboration.
Wife can produce some of her friend who can give her statement in police station that marriage real as she was present at marriage.
All domestic violence except cruelty do not attract 498a.
So the interim order observations shall a a limited relevance as to the offence u/s 498a subject to sbove.
Police can call for witness for investigation as to the truth of allegation of offence u/s 498a.
1. It seems that IO is hand in glove with accused. In 498A police cannot go into the validity of marriage. This is the first time I am hearing that during investigation of 498A the complainant is told to bring the witnesses to solemnization of marriage.
2. The complainant may file a petition for fair investigation in the High Court.
1. When FIR is registered it is incumbent upon you to take bail as the police has the power to arrest you.
2. In 498A cases the police does not look for much evidence and once marriage is prima facie established it register FIR .
3. So if FIR is already registered in your case then without further delay apply for bail and ocne that is done not much would be left in your case.
4. Acquittal is rule than exception in 498A cases .
The police is insisting on witnesses for recording their statements and their evidence will be attached to the investigating report while submitting the charge sheet before the court subsequent to the registration of FIR.
Therefore what you say is only to ascertain their marriage, whereas what the police insist if part of their investigation which is pertinent.
There is no legal infirmity in police insisting some witnesses to be roped in to record their evidence/statement for producing the same before court of law for the purposes of effective trial.
- As per the information mentioned in the present query, makes it clear that there has been delay in the initiation of trial after concluding the investigation as their part.
- They should proceed with the filing of charge sheet after concluding the investigation, rest the Magistrate has the power to decide the outcome of the case.
- If doesn’t come in your favour then you can challenge the same by protest application.
- But, for now, I would advice you to file a petition under section 482 of the Cr. P. C. before the Hon’ble High Court for change of IO and expeditiously conclusion of the investigation.
