Hello Experts,
In order to proceed further on false IPC 498a, 323 and 34 case, I would need your expert advise on following questions. Kindly advise on same:
· One of the essential ingredients of IPC 498-A is “unlawful demand”.
As per our understanding - Cruelty under 498-A is defined as “harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand”.
It appears to us that there is no “unlawful demand” mentioned in our case(Nothing mentioned in F.I.R. about it) So can we apply for any one of below to ‘dismissed’ 498a at least?
2. Apply for discharge under section 239
3. Apply for alteration of charge under section 216
Looking for our guidenace on same and Many Thanks in advance!