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lsjaiswal27@gmail.com   20 January 2019

Discharge procedures in private complain

(1)..june 2017 one lady who was my moms freind came to my shp and started abusing my mother....bt my mother was nt in shop. i told her to goaway and nt make any dispute in shp... bt she left frm shp and stated shouting in road... i imfmediately went to police station and gived normal application regarding matter... ..

(2)she came to police station and told ki me and my mother beaten her... police olso taken normal application of her

(3)july2017 both the parties done mediation through local political leader through affidavit.. ki we r taking our complain back..

(4)now in January 2019 i got papers regarding court registered sec 323 294 and 506..of private complain ( filed in aug 2018)from court. .against me my mothrr and my father also.

my querry
(a) is it possible after 1.5 years.. tht case registered with 323 294. and 506..
(b) how can i remove my mother and father name frm case..
(c) there is only one hospital OPD slip with written medicines in PARIWAD OR PETITION.. is it normal regrding these type of private complains.
(d) there was no beating. only verbal abusu by her only..how can i countercase at her
(e) what are normal conviction chances in these sections



Learning

 1 Replies

Vijay Raj Mahajan (Advocate)     20 January 2019

Yes court can take recognizance of the criminal complaint under section 323, 294 and 506 IPC because under section 468 CrPC it can within 3 years as punishment under section 506 IPC is upto 2 years, in rest section 294, up to 3 months and section 323, upto 1 year. Rest the court shall decide the complaint case on the basis of prosecution evidence.

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