Section 499/500 ipc
Ajay Bansal
(Querist) 17 March 2012
This query is : Resolved
One of my client had been falsly implicated u/s 307 IPC by one of his relative on 30.5.2010.Thereafter my said client had been arrested and confined in Jail for some months.News papers and electronic media published said news at many places, due to which said Client alongwith his family was defamed a lot.After his release, an oral compromise had been held between parties and after taking Rs.2000000/-, the complainant,who was sole eye-witness of said false case turned hostile in the court by saying that he was not identified the assaulter in question.No other witness was examined in the court.Resultantly my said client was aquitted by the court without his statement u/s 313 Cr.P.C. Now my client wants to file a criminal complaint u/s 499/500 IPC against the complainanant on account of his aforesaid defamation in quetion. Kindly tell me what could be position of said complaint u/s 499/500 IPC.
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Ajay,
Your client can certainly proceed u/s 499 for defamation and u/s 500,for compensation.
Adv.R.P.Chugh
(Expert) 17 March 2012
Ld.Colleague,
You can file an application before the court which acquitted you - u/s 340 - for prosecution for offences u/s 177/211 IPC. In addition to that you can also file civil suit for damages for malicious prosecution/defamation.
Kiran Kumar
(Expert) 17 March 2012
you said the money was paid to the complainant as a matter of compromise....then for what reasons you intend to proceed now?
Shonee Kapoor
(Expert) 17 March 2012
:-) He has no cause of action now.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 17 March 2012
yes, you have received the compensation and the the case settled on compromise. And now you need our advice to harras them by filing a case? do u really You think we r here for that? ??I feel pety for u.
Adv.R.P.Chugh
(Expert) 17 March 2012
I really beg to differ with what Ld.Seniors seem to be suggesting here..... It was not a compromise stricto sensu - the complainant took the money and he turned hostile.... that is no compromise in any manner... the Accused can now DEFINATELY PROSECUTE THE COMPLAINANT, though he'd be also in for a tough time as complainant can take him down to hell along with him - if off course the consideration is proved for the perversion of justice.
V R SHROFF
(Expert) 17 March 2012
it will be useless. no benefit.
