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How to file FIR against inlaw for cheating and claim over property
22-Jul-2023 (In Divorce Law)
Am going through a divorce litigation & have the following questions: Have to register an FIR regarding breach of trust and cheating by in laws. Would like to know: When an FIR is registered personally, does the police station have to provide FIR document/report to me immediately. How much time does it take for filing charge sheet? On what grounds can they refuse an FIR. What will make my case stronger? While filing DV and divorce petition, if theres a dispute regrding property purchased only in husbands name despite me having contributed financially through cheque payment, can I include my claim for a percentage n the current value of property while filing the 1st DV petition or do I have to do it later. When do I have to file a declaration suit? Can I file it when I dont have any details regarding location of property?
Sir/Madam
You will have to file a criminal complaint against your in laws in your nearest police station for cheating, criminal breach of trust and criminal misappropriation of property. Depending upon the seriousness of the allegations in the complaint and the material/evidence produced by you the Police will decide whether a case is made out to register an FIR or not. If the Police refuses to register an FIR then you can approach the Senior Police Officer of the concerned Police Station within 7 days of the refusal of the police to register an FIR by filing another written complaint to him. Even if after this stage the FIR is not registered then you will have to file a private complaint in the nearest Magistrate Court for getting an order of registration of FIR u/s 156 (3) of Cr.P.C. You can simultaneously file DV proceedings in the concerned Magistrate's court seeking relief/order for maintenance and residence order.
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Adv. Yusuf Mithi
Mumbai | 25+ Answers
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You should file criminal complaint with Magistrate instead of filling F.I.R.
Charge sheet is filed after police had done the investigation
Some of your questions are confusing Be clear in stating your querry
Regards
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Adv. Bhavik V. Raval
Kalyan | 25+ Answers
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Yes, police have to provide you a copy of FIR immediately. (Section 154(2) of the Cr.P.C. )
Police will file chargesheet after completion of the investigation. They can not refuse FIR. You should take help of an advocate to make your case stronger. If you have financially contributed, you might have details of your contribution in that case you can claim it.
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Adv. Manoj Parve
Pune | 25+ Answers
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