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Do not wish to give statement in court u/s 164, what can i do


13-Oct-2023 (In Family Law)
Hi Sir, I get married 3 years ago my sister in law ' husband harrased and molested me because of that i came to my mother's home at present where i am is? I filed a case under 354 ipc later police talked to my father to give statement 164 and for that my father said yes.. Later police said to me to visit court and give statement but i dont know how it was proceed, now o dont want to give statement 164, because it make my husband feels hatredness and Avoid me as if he is his sisters husband however i want to talk with elders and settle matter so that me with my husband and with 2 years daughter live happily separately from him. Kindly help me how to prevent myselves from going to court for statement 164 i dont want to proceed. Sorry if any grammatical mistakes, I am making my question short enough to clearly understood.
Answers (3)

Answer #1
641 votes
Madam,

If your father does not go to the court for recording his statement under 164 Cr.P.C, the court will close your father's statement in the case and moreover its a voluntary statement and the court will not be strict on this. As you want to settle down again with your husband, let your husband knows about your decision and after conciliatory talks, both you and your husband jointly enter into a compromise agreement and approach the High Court by filing quash petition and and quash the trial court proceedings
Answer #2
937 votes
you have to visit once in the court and you need to withdraw the case with the help of app or you need to approach any advocate in person where they can provide you better suggestion regarding this matter.
Answer #3
637 votes
Hi
Please note that all 354 IPC cases are incamera proceedings and the judge will be inclined to hear you in his chamber and there will be no public. Even the cross examination by other side, will be controlled by the Judge given the sensitivity involved.
If you do not file your chief examination before court, chances are your sister in law husband will proceed you and your sister's family for defaming him and shaming him and that will go against you.

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