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rupeshreddy (student)     28 July 2017

Need expert advise on 354 d false case against me

Hi respected sir

i have two Quetions before that i wil give information pre data so you may give direction and help me. each an every word is true.

my had relationship that cheater dated other guy  we had arrugement on the basis.after few day i come to know she and her bf n family fooled me. having money n conatcs they made false charge sheet. after chargesheet i got bail on that day. in chargesheet they didnt ask anyone of my friends they just filled  few months back she called me said sorry she accepted her all mistake. she draft me mails n textd. she requested bcz if reality comes in front of mom dad. she even said she will kill me if i wil nt tlk with her bcz police had witness her mom dad. i dont trust tht girl. she wanted me to take inititive. 

1) i want to take action so her family should come to know and take back the FIR.

2) i have call record she said s=and accepted her mistake n said sorry.  what to do? my adv took 1year date. i want it early how many dates its been 1.5year. she is hpy i hv to fc all prblm.

 



Learning

 12 Replies

Raveena Kataria (Advocate )     28 July 2017

Hi! If you only need expert opinion, you can post your query under the experts section on the website. Note, any false charges made against you cannot be sustained without proof. In my opinion, you can move to the High Court for the quashing of the FIR with proof of all contact between you and the girl in question (text messages/recordings of phone conversations), which will help establish to the court that she made contact with you by her pure consent, and that the allegations made against you were false to begin with.

Adv. Aditya (Litigator GROSON ADVISORS)     28 July 2017

according to what you say, if you have all the proofs i.e. communications with her via any mode, the case will be dismissed.

other way might be, filing at high court u/s 482 cr.pc for quashing FIR and charge sheet.  there has to be irregularities, malafide and arbitrariness therein on the face of it .

in any case, you will be acquitted and according to my knowledge, the case should be dismissed and/or high court should quash the charge sheet along with FIR considering  the little facts that you have provided us with.

you can file a civil suit seeking monetary relief once the case u/s 354D is dismissed or you are acquitted .

 

Disclaimer: You are hereby notified that the above mentioned is only to read and shall not be used anywhere and any loss, if any, that may arise on your use of the above mentioned shall be at your hand and the author owes no liability.

rupeshreddy (student)     28 July 2017

Thank you mam for giving me advise. 
i need a good Adv. even yesterday she text " i did mistake. your not guilty you are alwyas nice with me." from her dad number.

and i frankly speaking i dont trust her. i want everyone who involed and distroyed my life. i want my jusitice :9. if i go in police what wil hpn they wil not listen. her family trust her n they have money . they can do false case gain. i am scared even. i have my family. 

rupeshreddy (student)     28 July 2017

i am getting dates only. adv call me within 3 times in year. now last time he called me said new magistrte come he gave 1year date. when case wil open? 

Raveena Kataria (Advocate )     28 July 2017

I'd suggest that you get in touch with a different advocate who can assist you through the proceedings more quickly. Rest assured, the other party will not have an easy time filing another false case against you, considering that they'd need fresh proof and you already have evidence to disprove the current complaint against you. Again, note to preserve all communication which you have shared with the girl till date. Also, I'd seriously advise you to cut off all contact with the other party. If the girl tries to contact you, do not respond. This is to avoid any possible future situations which can be used by them to cook up further allegations against you.

Susen Nath   28 July 2017

In your descripttion there is lot of mistakes. Is real fact or u make like a story? Give me case no together with police station name district ,state , pin code ect.Give your full name. Also mention date of FIR.

(Guest)

What can't be cured that must be endured. You will have to bear with the court schedules, if your lawyer is not taking dates as his own.

But, if they have filed a case against you take them as enemy only to make them learn a good lesson.

 

Dr J C Vashista (Advocate)     29 July 2017

A very practical and correct approach of Ms. Raveena Kataria, I agree and appreciate.

Change your lawyer if you have lost faith in him.

rupeshreddy (student)     29 July 2017

yes i wil look new adv. now what should i do. last week she had texted me n harrassing to talk with her. i want to take smart move that her family come to know reality and withdrow. what happen cross Complaints.???

rupeshreddy (student)     30 July 2017

no story each word is true. i have my evidance and friends witness. can you give me email id so wil send details 

Ramkesh Kaushal (Advocate)     27 August 2017

You Must change your Advocate

Ramkesh Kaushal 8826802789


(Guest)

Dear Mr. Reddy,

Although, the descripttions of your questions are not very clear, it is believed that you have been made an accused under Section 354 of the Indian Penal Code.

Please note, prior to the amendment of Criminal Procedure Code in the year 2009, the offence under Section 354 of the Indian Penal Code was very much compoundable under Section 320(2) of  Criminal Procedure Code with the permission of the  Court. However, post amendment of  Cr.P.C. in the year 2009, offence under section 354 is not compoundable. But, if both the parties of the case have compromised the matter with their clean minds, then a petition under Section 482 of Criminal Procedure Code can be filed in the High Court for quashing of the charges on the basis of the compromise. There, in the High Court, you have to  suitably justify yourself and satisfy the Court that the compromise is genuine and not under any threat. If the High Court in its sole discretion, which depends on the facts and circumstances of the case, agrees to do so then the case may be queshed on the basis of the compromise you both have reached upon. But it is not guaranteed in every such types of cases. It depends on the discretion of the Court.

In your case, as I understand, you have details of communications available with you through which she herself or her father have shown their confessions which you can produce before the court as an evidence to prove that the compromise has been reached amicably with clean mind and not under any threat.

Wish you all the best !!!

 

 


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