354 D Case
Anil Mane
(Querist) 06 September 2016
This query is : Resolved
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 filled charge sheet and courts first date is 27 September.
My question is- 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.
Ms.Usha Kapoor
(Expert) 11 September 2016
I'd suggest you pursue the case to its logical conclusion. If the court wants your wife to attend court proceedings and due to pregnancy problems she can't attend court will appoint commissioners for chief and cross s examination of her who'd come to you house and examine her.IN case seriously you both want to withdraw the case you withdraw. It's up to you.
Anil Mane
(Querist) 12 September 2016
Okay madam.... thanks a lot.
Raj Kumar Makkad
(Expert) 16 September 2016
It shall be better to send the request letter to the court on the bases of complications of your wife which obstructs her to come present on the next date of hearing to depose her evidence. Court shall adjourn the hearing for the suitable date when your wife shall feel physically fit to attend.
Your wife shall have to change her statement which is called hostile in legal terms if she has to save the accused.
Rajendra K Goyal
(Expert) 21 September 2016
Well advised, agree with the expert raj kumar makkad.
Anil Mane
(Querist) 23 September 2016
Thank you experts...
