Since offence under Section 498-A IPC is a cognizable offence, the police has the power to register the offence directly on the basis of the complaint without any counselling or without any preliminary enquiry. However, generally, the police may first try counselling in such matters, even though the power to directly register offence is available with police.
Investigation is after registration of the FIR and not before it. However, sometimes, there may be preliminary enquiry before FIR with the only objective to ascertain whether a cognizable offence is made out from the facts mentioned in the complaint. But, the proper and detailed investigation is to be conducted only after registration of FIR.
If there is evidence against your sister and uncle in the case registered by your wife, then of course, it may be a problem for them. If the police does not find evidence against them, they will not be charge-sheeted. At the same time, if you feel that there is no evidence against them, they can try for quashing of FIR qua them, or if the charge sheet is already filed then they can file a discharge application.
For the purposes of conviction, the court will believe the prosecution story only after proper evidence is led during trial stage to prove the charges. How to prove your side of the story? Well, that depends on detailed facts of your case on which I cannot make any comment. Please consult some local lawyer and show him all relevant details.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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