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G (Eng)     18 February 2011

Can DP4 and 323 be discharge?

Hello,

My wife has filed 498a, 323, and DP4 on me and my relatives. We are planning to go for a dishcarge. I am thinking of the follwing grounds for DP4 and 323. Please suggest if they are okay.

DP4: Not maintainable as no allegations of dowry demand in connection with the marriage. Actually all the allegations stated are for the period after the marriage.

323: Not maintainable as no MLC is on record, or no medical examination done. No injuries stated in the complaint/chargesheet. No specific allegatons of marpeet (the complaint only vaguely says that the behavior of my husband and in-laws was cruel)

Thanks,

JJ



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 2 Replies

Shailendra prasad singh (Lawyer)     18 February 2011

discharge can be made on circumstantial facts.

M.Sheik Mohammed Ali (advocate)     18 February 2011

yes circumstantial fact


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