Advocate Mrinalika Devarapalli

Questions Answered by Advocate Mrinalika Devarapalli (25+ answers)

Q: The case involves IPC Sections 498A, domestic violence, 406, 323, 504, 506, and 34.

If a settlement occurs in family court, what considerations are needed to close all the above cases related to IPC Sections 498A, domestic violence, 406, 323, 504, 506, and 34? The current stage involves AB granted by depositing Stridhan and dowry amount, with the charge sheet filing in process.

Advocate Mrinalika Devarapalli answered
You seem to be wanting to settle a case under Section 498a of IPC for domestic violence. Matter is at the stage where anticipatory bail ahs already been granted. Now to close all pending cases you are willing to deposit stridhan and dowry amount.I believe you are the husband?Is there a divorce case?

Q: He threatened to kill me and used abusive language, including vulgar words.

As the other woman who has cared for a married man harassed by his wife for the past two years, she is now threatening to kill me. I have recordings and messages as evidence. Can I file a case against her for abusive language and threats?

Advocate Mrinalika Devarapalli answered
Yes you can very well file a case against her. If you are seriously apprehensive that there is an imminent threat or danger to your life you must infact lodge a police complaint.You must approach the nearest police station asking them to lodge and FIR for offence of 'criminal intimidation' against you under Section 503 read with Section 506 of the Indian Penal Code. This is however not any legal advice I am giving you because for a criminal case it would be most appropriate to first weigh the evidence we have and then to arrive at a conclusion/inference as to whether such a case is legally made out. Even though there are voice recordings, that would not itself mean that the person accused has committed any offence; as criminal intent or motive still does not stand proved. A convicted is a serious consequence for the accused and it must be proved beyond reasonable doubt that the accused meant what she said and not that she said it in a fit of envy or anger. It that is not the case it would be a misuse of the legal process to initiate a frivolous criminal proceedings.The police might also take this view and refusal to file FIR. In that case an application may be made to magistrate.

Q: Way out in case section IPC 419

before or after charge sheet produce what are the way out from section IPC 419?

Advocate Mrinalika Devarapalli answered
before: Approach High Court for quashing of FIR (depending on facts of fact/allegations in FIR etc.)after: discharge application before the concerned criminal court and/or petition for quashing of FIR/ Criminal proceedings, based on investigation report, chargesheet etc.rest of the aspects of defense would depend on the facts of the case

Q: How do I get Orders from a Magistrate

I have filed a Criminal case under Section 156/3 of the CRPc for offences punishable under Section 420, 406, 465, 467, 468, 478 of the IPC against the Respondent. The matter has been fully argued in details, discussed and heard by the Hon’ble Jt. C.J.J.D.&.J.M.F.C. on 15.04.2021. The Hon’ble Court had also assured the me that Orders will be passed on the next date. But more than 262 days have passed since than and the matter has also been listed on board for 10 times but Orders have not yet been Passed though I have also requested the District Judge by way of a complaint to intervene and get the matter expedited about a month back and have also requested the Magristrate by way of an application to pass Orders since the Court was bound under the Limitation Act - 1963 but Magistrate is deliberately delaying my Order under one pretext or another. What shall I do?

Advocate Mrinalika Devarapalli answered
262 days of holding back to order is actually an absurdly long period of time.It may be possible to file a writ petition in the high court seeking a direction in the nature of mandamus ordering Magistrate to perform his duty and dispose off the matter by passing an order

Q: Arbitration With Criminal Case

I had signed an agreement with a pune based company in July 2018 with no termination clause and a 3 year lock-in period. I was made a director with 0% stake in September 2019 and in Aug 2021 I quit the company after proper notice. The company recently sent an arbitration notice around breach of agreement as it was mentioned in the agreement. However, I came to know that the company had forged my signatures on various financial documents (Board Resolution, Financial statements, Directors report etc) so I filed a criminal case under various sections against the company directors and CA. My question is as follows: 1. Can they still file for arbitration while there is a criminal case registered against them? 2.If yes, will it under the same Criminal Court or in a separate Civil Suite? 3. Does it make any difference if they initiated arbitration before I filed the criminal case?

Advocate Mrinalika Devarapalli answered
1. criminal proceedings and arbitration proceedings can take place independently of each other. So yes the Company can initiate arbitration proceedings against you. Howewer if the agreement containing the arbitration clause itself was forged by the company, you would be entitled to object on the grounds that submission to arbitration is invalid in law.2. Arbitration proceedings are in essence alternative dispute resolution (ADR) Mechanisms. they are extra-judicial in nature, meaning that they are conducted outside out the framework of court mechanism wherein an independent and neutral person or body known as arbitrator or arbitration tribunal, as defined in the arbitration clause, determines a judicial dispute in accordance with law by simulating a courtroom set up. it is usually considered to be more expeditious, efficient and efficacious compared to court-litigation, and is the most popular in commercial disputes resolution. it is neither before civil court or criminal court, although, the proceedings will by nature be civil proceedings since criminal matters are not cable of resolution through arbitration process.3. it will not make any difference for you or your criminal case they initiate arbitration proceedings, however, you must get an FIR registered on the basis of commissionof cognizance offenses of cheating and forgery, and it is advisable to avoid giving the police police impression that the dispute is of civil nature.