Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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suresh (MD)     27 April 2016

304(b) & sc/st act withdrawn through high court

My wife committed suicide due to her personal reasons (She didn't left any suicide letter for reason) but my father in law given a fake complaint against myself and my parents that my wife died due to dowry harassment and charge sheet filed on us as 304(b)., now my fil realized his mistake and wants to withdraw his complaint., and we heard that its only possible through High court., so can we approach High court to withdraw this case.



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 4 Replies

ajmersingh   27 April 2016

Can a woman chanrged with adultery for seeking a divorce, if yes, then in which section of IPC ?

adv.raghavan (Advocate,9444674980)     27 April 2016

Mr.Suresh, I hope it wont be a good idea, as it is non compoundable offence, so try to come out on merits of the case. but still court will have last say in this matter even if witness fail to stand the test of time.

Sudhir Kumar, Advocate (Advocate)     28 April 2016

In 304B the cout has only to seek

  1.  if there is a marriage
  2. if marriage was not more thann 7 year old
  3. if there is a death of bride
  4. if death is under unatural circumsntaces (suicide in this case

then accused have to prove that it is not a dowry death or go in for 7 years.

all other facts are not of much relevance.

the complainant does not have to prove allegation of dowry demand.  accused has to prove absence of such.

concenerate accordingly.

Sudhir Kumar, Advocate (Advocate)     28 April 2016

Originally posted by : ajmersingh
Can a woman chanrged with adultery for seeking a divorce, if yes, then in which section of IPC ?

what is the case.

 

why not start your own thread


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