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Ajay Goswami   24 December 2019

354

Sir my tenent lodge a fir against me section 354 saying that i called her and talk with her dirty and adult charge is not framed and one case of mine with her eviction suit i won and recently vacated my shop please suggest me


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 7 Replies

Adv Neeraj Kumar   25 December 2019

notice will be served to you from police to join investigation

you can proceed to quash the fir in high court

G.L.N. Prasad (Retired employee.)     25 December 2019

First, stop worrying and face the case when you get such notices from Police and deny all allegations and explain the background.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 December 2019

An FIR can be quashed by the High Court if the court is convinced that the person is innocent and has been falsely implicated. A High Court can quash the FIR on the ground that the case is a false case and will ask the police to set the aggrieved person free if he has been arrested.

2 Like

Adv Neeraj Kumar   25 December 2019

Its all depend on case to case without digging deeper we can not say FIR will not quash or FIR will quash

Adv Neeraj Kumar   25 December 2019

Improve your knowlege after reading the Bhajan lal vs State of UP conditions of quashing FIR provided in the judgement

Dr J C Vashista (Advocate)     26 December 2019

What is the opinion and advise of your lawyer who was engaged / paid for your eviction suit since s/he is well aware about the facts and circumstances of the case(s) an able, competent and intelligent enough to satisfy your question. ???

However, if you have lost faith in your lawyer consult and engage another local prudent lawyer for professional guidance and proceeding.

Do not rely upon the obligation of experts (although it is available FREE OF COST) on the basis of limited facts posted by you as they (experts) shall have to presume so many facts which may or may not have been involved in your query. 

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

Section 354 IPC states:

Any man who assaults or uses criminal force to any woman or abets such act with the intention of disrobing 1 or compelling her to be naked, shall be punished with imprisonment of either descripttion for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine.

The tenant would have tried this option to avenge you over the grievances that you got her vacated or evicted by an order of court from your premises let out on rent to her.

Well If you were summoned by police, you may smell the seriousness of the complaint (especially if she had influenced the police with kind or consideration), then you can even plan to obtain anticipatory bail first and then appear before the police for investigation so that the police may not be able to remand you into judicial custody.

After that you may wait for the police to file charge sheet for preferring to file an application under section 482 cr.p.c. before high court to quash the charge sheet on merits and with the support of documentary evidences in your side.


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