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Siddha Rama   12 June 2021

Suicide

my friend wife Suicide by hanging and dead so the girl family members file a complaint against him.in FIR
there are lot of ipc sections mentioned but after but after compromise there are two sections in charge sheet.they are 420 and 498
what should I do.and even they are ready to take back the case.


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 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 June 2021

complainant can withdraw his complaint in the court of law. He has to submit a statement in courts that he wishes to withdraw his complaint.

Sankaranarayanan (Advocate)     12 June 2021

Once the Fir filed so face the case .consult a local lawyer and act 

G.L.N. Prasad (Retired employee.)     12 June 2021

The police have to state in the FIR about the suspicious death and the relevant sections in IPC.   They have to necessarily collect evidence and depending on the post morteum report, they have to conduct a sincere investigation.  It is true that some police officials, influenced by considerations, dictate compromise, dilute evidence and convert it into a suicide case and even generate such suicide notes.  When the involved parties are ready to compromise and as everyone has some kind of benefit at the cost of a dead soul, nothing can be done.  However, some persons not happy with such compromise, conduct investigation, collects evidence through their own attempts and make a complaint to superior officials or file a private criminal complaint..

Dr J C Vashista (Advocate)     13 June 2021

Originally posted by : Siddha Rama
my friend wife Suicide by hanging and dead so the girl family members file a complaint against him.in FIRthere are lot of ipc sections mentioned but after but after compromise there are two sections in charge sheet.they are 420 and 498what should I do.and even they are ready to take back the case.

 

Suicide by hanging do not attract the provisions of Section 420 or 498A IPC.

When the complaint is stated to have been compromised what is left for further charge sheet /  prosecution ? Either there is no compromise or you have concealed material facts.

What is your problem / concern / locus standi qua suicide, compromise, cheating, cruelty for dowry demand, action proposed to be taken or any other issue which has not been disclosed in the post ? 

Prima facie facts posted are fabricated and hypothetical.

 

P. Venu (Advocate)     13 June 2021

"what should I do.and even they are ready to take back the case." ! Is it you or your friend?

Please do not post riddles.

 

T. Kalaiselvan, Advocate (Advocate)     14 June 2021

SEction 420 IPC is compoundable hence the complainant can file an application to compound this offence, but since the section 498A is also combined with this in the FIR and as the section 498A is not compoundable, the accused can file a petition under section 482 cr.p.c. before high court to quash the FIR/charge sheet .

In that case the defacto complainant can file an affidavit before the high court expressing no objection to this quash petition.  Then the high court may consider quashing the charge sheet/FIR based on the reliable information furnished by defacto complainant or the compromise settlement among the parties. 


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