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Advice needed on Section 308: I am a complainant


26-Jul-2023 (In Criminal Law)
This is regarding case that was filed by me (garima seth), in Dwarka Court new Delhi against a complainant who beat up my husband in a state of alcohol and my husband had critical head injury. The victim (my husband) was in ICU for 10 days. Had to undergo operations. The accused was charged under section 308. However my family and the accused family did an out of court settlement. The case remains still pending between the state and the accused. Now the accused family wants me to come to the court and say the complaint was not valid. I wanted to say in the court that we have settled the case between us by signing a maafinaama and do not want to say that the complaint was wrong. Please advice.
Answers (3)

Answer #1
926 votes
I have perused the query. Better particulars are required to advise you on this issue. What is the stage of the matter. In case there is an FIR U/s 308 IPC it needs to be quashed under section 482 Crpc before the High Court. For further consultancy and legal services you may contact us.
Answer #2
815 votes
in this matter as ur saying tht the opposite party is trying to force you gor saying that the complaint which was filled by you is false .in this matter you should not at say tht other wise you will have to suffer in the eyes of the law for filling of false complaint.
Answer #3
808 votes
On the next date of hearing, both parties have to appear before court and let the Honble judge know that you are willing to settle. If lawyer is engaged then a settlement deed will he made signed by both parties. Again on the next date the settlement deed needs to be presented in the court and the case will end then.
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