Hi My name is Ranjani before marraige I have lodged a complaint against my husband with IPC Section 354 now it been more than a year we got married and staying togather and having a happy life, however becasue of this case my husband has to go attend the court and once or twice he missed where in he was issued a arrest warrant and police took him to the police station and then I went to station with my advocate and brought him back by showing the marraige certificate and the photographs. Now we want to close the case and the case is failed in the session court as the PP confused me by asking several questions where I admitted that he commited that crime. Now our advocate informed us that my husband will be sent to jail for a span of 2 years. I am very much worried and want to withdraw this case. Our advocate has gave a suggestion to appeal it in High Court? so what will be the process want to know the consequences?
Kindly file a petition under S.482 of Criminal Procedure Code before the jurisdictional High Court for quashing the criminal proceedings, in terms of the settlement arrived at between you ( De facto complainant) and Your husband (Accused). The High Court will definitely quash the criminal proceedings against your husband.
I TOTALLY AGREE WITH THE SUGGESSIONS GIVEN BY THE LEARNED COUNSELS. EVEN IF THE HIGH COURT DOES NOT QUASH THE CASE THERE IS A PRECEDENT IN THE MADRAS HIGH COURT . THE HUSBAND WAS AWARDED A JAIL TERM FOR A CERTAIN PERIOD BY THE LOWER COURT . THE HUSBAND WENT ON APPEAL AGAINST THE LOWER COURT ORDER IN THE MADRAS HIGH COURT . THE APPEAL WAS ADMITTED AND THE SENTENCE WAS SUSPENDED .THAT APPEAL CAME FOR FINAL HEARING ABOUT 3 YEARS BACK . AT THAT TIME BOTH HUSBAND AND WIFE APPEARED BEFORE THE JUDGE AND TOLD HIM THAT THEY ARE LIVING TOGETHER AND THEY ARE HAVING 3 DAUGHTERS . THE WIFE REQUESTED THE JUDGE TO PARDON HIS HUSBAND BECAUSE THEY ARE HAVING CHILDREN . THE JUDGE AGREED TO THIS AND SET ASIDE THE LOWER COURT ORDER AND THE HUSBAND WAS SET FREE . BUT THIS IS A REAL CASE AND THE WIFE DID NOT COME AND TELL BEFORE THE JUDGE THAT THEY ARE LIVING TOGETHER AND THEY ARE HAVING CHILDREN BECAUSE OF ANY MONEY . I REQUEST THE WIFE'S / HUSBAND'S NOT TO RUSH IN FOR ANY CRIMINAL CASE AGAINST THEIR HUSBAND'S / WIFE'S BECAUSE WE ARE NOT LIVING IN ANY FOREIGN COUNTRY TO GO IN FOR DIVORCE JUST LIKE THAT AND RE MARRY AGAIN AS IN FOREIGN COUNTRIES BECAUSE OUR COUNTRY CUSTOM IS TOTALLY DIFFERENT FROM THAT OF OTHER COUNTRIES .IN SOME OTHE COUNTRIES MANY MARRY EVEN FOR A THIRD TERM .- JOSEPH WILFRED - 10/02/2013 23.45 HRS.
Met the advocate yesterday and he prepared the Affidavit mentioning we both married and statying togather and having no concerns and want to close the case. I have singned it and he informed me that there will be no PP for me but then he will hire a lady advocate on my behalf and he will support my husband. He assured us that it will be closed totally and nothing to worry about it . I am believing him and waiting for this to close as it is disturbing our marital life a lot.
i am charge with 48, 354 A, B, 323, 506 IPC sections which are untrue and i want to finish this case as soon as possible .my lawyer said me that it will take max 2 to 3 years ,there is anyway to complete this case as soon as possible without compromising with them .