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NISHA THANKARAJ (FMS)     25 November 2012

Withdrawal of fir

Dear Team,

  My Father in law ,Mother In law beat me and my mother ,verbally abused me and my child and pulled my hair and my husband was silent spectator. Because of Injury swelling in head and small bruises I was hospatilised. I complained to Police and FIR was launched after 6 days and a councelling section in hospital reffered my case to woman cell.In Police station my husband family only mother and husband they hospitalised father and created chos and police were in their side only.In woman cell they represented my case strongly and due to fear for his parents my husband told to woman cell he will look after me and signed but I have not registered a case with woman cell,just it was reference from hospital.I am ready to take back case from Police station where I have registered case but police told to write and give that they have not beaten me.First of all it would be lie to say so,secondly I am sure if I do that my husband family will register a counter case and police are helping them only.My husband family want a divorce and they are strong on that.My husband is supporting his parents.The section they put on my husband family is 354,323,341,249B,34.I don't know why they put 354 section. I want to withdraw case by saying that Due to compromise in woman cell I am withdrawing the case and Police want in their format that I was not beaten so I am withdrawing case.

 

It would be vey greatful if anyone help me in this as I want to withdraw case but it should also provide security from my In Laws.My husband also told that if I go to court I will loose him and my child. My child was vey upset by verbal abuse from his grand parents. I totally confused.Please guide me.

 

Nisha



Learning

 4 Replies

Sudhir Kumar, Advocate (Advocate)     25 November 2012

why you are dilly dally.  The family (if it is true what you said) is not fit enough to be spared.

 

But why did they beat you?  Any demand ..... direct/indirect?  Whre is jwellery....?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2012

Dear Nisha

if you write before the police that there is no incident and you are not willing ti file or registered any case against them and return back to your husband home, it may be possible in future they harassed you very badly and you can't do anything against them. as per my opinion if you think that you and your husband live happily togather alongwith the children, try to resolve the matter but if you are not sure about it, no need to withdraw your complaint and fight the case before the court.

Feel free to call for further 

Rashid Ali (own practice as a criminal lawyer)     26 November 2012

if you appear before investigation officer and ask for no action against your fir  in this situation police will give clean chit to accuseds by submitting final report in court.

girish rathod (Software Developer)     27 November 2012

can some tell why the section 354 is there. this setion apply when some try to outrage the modesty of women in public place, as per my info. 

IPC 354 is used by the law enfocer where they want to use. It is not the resposibility of the court to look after the genuine of the charges mentioned in the FIR. Since police themself don't know who to apply which IPC where in most of the cases. It is not the responsibility of High Court to put some guideline on bases fo framing charges


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