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Anil Mane   09 September 2016

Urgent help required in ipc 354 d case

One person followed my wife 2-3 time and tried for friendship forcefully. We filled complaint to Police and Police arrested him under 354 D case. Now police filed charge sheet and courts first date is 27 September. 

My questions are-

1) now i am shifted to new city permanently. Is it necessary to attend court date?

2) Due to written apologies of that person, requests of his family members etc we decided to compromise and withdraw case. It is necessary to withdraw case ? Or my wifes absence in court will automatically beneficial to him?

3) My wife is pregnant and due to some complications my wife is unable to attend court. If my wife absent in court, then is there any possibility that court may issue warrant against my wife? We don't have any issue if court release that person if we do not defend. 



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 4 Replies

Sachin (N.A)     11 September 2016

Originally posted by : Anil Mane

My questions are-

1) now i am shifted to new city permanently. Is it necessary to attend court date?

Answer: You need to go to court two times first for statement in court known as examination in chief and second is for cross-examination.

2) Due to written apologies of that person, requests of his family members etc we decided to compromise and withdraw case. It is necessary to withdraw case ? Or my wifes absence in court will automatically beneficial to him?

Answer: If you compromise with him you can sign settlement deed with him and he will get the FIR quashed from HC . 

3) My wife is pregnant and due to some complications my wife is unable to attend court. If my wife absent in court, then is there any possibility that court may issue warrant against my wife? We don't have any issue if court release that person if we do not defend. 

Answer: If your wife will not attend the court date it will benefit him but case will go on and at the end he may be discharge from all the allegations OR In that situation court may issue NBW or BW against your wife to present in court.

 

 

Anil Mane   11 September 2016

Thank you so much for great help... 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 September 2016

In case the matter has been settled, you may approach the concerned high court seeking quashing of the case and all consequential proceedings. Let the expenses and the efforts be borne by the accused. All you merely need to do is to appear and acknowledge the settlement.

Augustine Chatterjee

Advocate & Solicitor at Law

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Anil Mane   12 September 2016

Okay Sir, Thanks a lot.


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