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False Section 354 wayout at summon stage
28-Aug-2023 (In Criminal Law)
A false complaint under sec 354 was lodged by a lady, with intention to forcefully obtain a noc for illegal construction on the roof top of dda flat, of which i am in first floor. With collusion of police, i was forced to give a written compromise agreement & noc allowing her to continue illegal construction. Now summon has been received from court, probably to quash the fir based on mutual agreement. What are my options. Can i tell the truth to the court and make the noc null & void. If i do so will 354 case still continue.
You have received a summon from court because police have filed a chargesheet against you, which means police have done their investigation and feels you are guilty, now court will proceed against you and face trial. Yes, you are correct you can compromise with the lady and file a joint quashing petition before the hc and quash the FIR but it depends if the lady wants to compromise. Regarding the NOC, you can file FIR under section 388 IPC against the lady if she is not ready to compromise and harassing you more. The NOC can be cancelled by writing to DDA only, no need to approach any court. Contact at 98-188-23-868.
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hello client as i can read ur issues . in this matter i can help you in this matter . as you have said you have given a illegal permission for forcing you to do illegal work in the force full manner . the ting which you have been told you to do is not in your fevour.. for this matter you need discuss the over all matter with me so i can advice you the best.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise at the earliest possible. Further advise you to appear on the date of hearing and seek bail. Further the offence is not compoundable and can only be quashed by High Court
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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