Section 354 - complainant trapped this time
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 i was not in any of the photo) 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.
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
Sunil S Nair
(Expert) 30 May 2015
Let her take back the case by herself if you have all relevant proof go ahead with the case
Satish Kataria
(Querist) 30 May 2015
Sir,
my query is --
should i close the chapter and compromise with lady ??
OR
Should i go forward to face the trial so that i can file defamation case after discharge on the basis of relevant proofs ??
N.K.Assumi
(Expert) 30 May 2015
If you have the intention or the inclination to compromise, why do you make so much query.Speak to yourself and take the right decision that gives you satisfaction and happiness.No one can take your place to make the right choice.
SAINATH DEVALLA
(Expert) 31 May 2015
The ball is in UR court MR.Satish,whether to compromise or keep on attending court spending UR valuable time and money.I am not going into the depth of the query.
T. Kalaiselvan, Advocate
(Expert) 05 June 2015
There is no use of repeating the query when you were properly informed that it depends on what you decide.
Sudhir Kumar, Advocate
(Expert) 06 June 2015
experts have expressed views on repated query at
http://www.lawyersclubindia.com/experts/False-354-case-540001.asp#.VXIgSlKupVI
please refer to them.
