False 354 case
Satish Kataria
(Querist) 30 May 2015
This query is : Resolved
Dear sir,
I am living with my family in delhi. few months back We made a police complaint against some of anti-social elements of the areas. FIR was registered and police took strict action against them. They all ran away.
but after few days of time, some of them came back and started to harass and threatening my family that we should take back all of the police cases otherwise we have to face something serious.
Even they are threatening us to trap my name in false criminal cases.
We immediately informed police in writing regarding this threat.
one lady (their relative) started to call me 2-3 times and ask me to meet her. I refused.
But suddenly , at the midnight around 2 pm, i got a call from police station.
they told me to come police station as one lady has filled sexual Assault case against me and she wants to meet me.
i did not take it seriously and refused to meet any lady.
but after 2 days, i got call from police station that one FIR has been registered against me under IPC 354.
I was shocked.but later on i came to know that this was the lady who is calling me to meet her.
I met IO.
He showed me some photos of the incident (which was false) and my visiting card.
He blamed me that i Assaulted to this woman with intent to outrage her modesty at the midnight. even false statement of two witness (Her neighbors) was also recorded against me.
I was trapped.
I appealed in the court for anticipatory bail which was granted on the basis of phone call recording of that lady when she was pressuring me to come her home & my previous letters to Police regarding trapping my name in false cases.
after few days, her false witness back out from their statement that their name was given forcefully and they are not ready to come in the court.
nothing was found against me in police investigation and we have sufficient grounds/proofs that this was a false case and i was victimized.
but police filled charge-sheet because statement under sec-164 was recorded by this lady.
I was summoned to appear in the court now.
but suddenly, yesterday i got a call from this lady that she is willing to compromise and wants her case to back.
Now, I am confused what to do.
should i close the chapter and compromise with lady OR go forward to face the trial so that i can file defamation case later on.
pls guide
Devajyoti Barman
(Expert) 30 May 2015
Then ask the lady to submit an affidavit stating the willingness to non-prosecute you. Thereafter file a petition for mutual quashing in high court.
P. Venu
(Expert) 30 May 2015
The choice is yours; it depends on your mettle.
Dr J C Vashista
(Expert) 31 May 2015
What do you want, it is your choice, you may or may not compromise.
There is no case made out by the complainant/ prosecution hence it is going to be dismissed consequently your acquittal. You may compromise or not it all how you perceive the situation.
Had I been in your place, I would definitely have faced the trial, come out of it and filed a civil compensation for damages as well as criminal case of malicious prosecution at the behest of the complainant.
What is the opinion, advise and strategy of your lawyer?
T. Kalaiselvan, Advocate
(Expert) 05 June 2015
The experts have given proper advise, especially expert Dr. Vashista has given some hints, which you can understand and move accordingly.
Sudhir Kumar, Advocate
(Expert) 06 June 2015
experts have expressed views on repated query at
http://www.lawyersclubindia.com/experts/Section-354-complainant-trapped-this-time-539996.asp#.VXIgU1KupVI
please refer to them.
Biswanath Roy
(Expert) 09 June 2015
Sec.354 IPC is a cognizable, bailable and non compoundable offense, so there is no legal sanction for compromise between the parties.
Secondly, Complainant has to adduce evidences (a) the victim concerned belonged to fair sex,be her age whatever he may; (b) the accused (male of female), subjected her to assult as defined in sec.351 IPC or to criminal force as defined in sec.350 IPC; (C)the accused while committing assult or use criminal force intended to outrage the modesty of the woman.
From given facts as I understand it will be very difficult to your opponent woman to establish allegation u/s. 354 IPC against you.
Moreover, it is a summon case and no charge need to be framed.
Hence, I advice you to sit tight over the matter and contest the case on merit by engaging a prudent lawyer.
