Is it possible to get IPC 354 dismissed in first hearing

Question

Is it possible to get IPC 354 dismissed in first hearing

10-Oct-2023 (In Family Law)

My daughter in law had filed a complaint against me in IPC 354. I'm a senior citizen of 75 year of age. My son had already filed for divorce and this is just in her retaliation to harass us. Needless to say nothing of whatever she is claiming is true, we are already bailed out and now arguments will happen. Does/Can the MM dismiss this allegation/case in the first argument itself? What are counters I can do?

Answers (5)

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.

Report abuse?

Connect with top Family lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Adv. Shivam Chaudhary Adv. Shivam Chaudhary

Delhi | 50+ Answers

Chat CONTACT NOW

Advocate D. Khan LawRato · Accepted Answer · 2023-10-10T14:08:39+05:30

Answer #2

You need to hire expert advocate in this regard ! In such cases if you have any conclusive evidence then court may also discharge you or we hv to move application to Delhi High Court Thanks n b in touch

Helpful?

Adv. D. Khan Adv. D. Khan

Delhi | 1000+ Answers

Chat CONTACT NOW

Advocate Khalid Akhtar LawRato · Accepted Answer · 2023-10-10T14:56:52+05:30

Answer #3

Greetings to you sir. In order to be able to assist and guide you better, we will have to check the contents of the FIR and also the Chargesheet. Depending on the material contents and evidences from the Chargesheet, we may either approach the High Court for quashing of your name from the Chargesheet or we can also move an application to discharge you from the court. But all of it is subject to contents in the Chargesheet. There are also judgements of Supreme Court in this regard. If you require any assistance, plz do feel free to reach out. Regards

Helpful?

Adv. Khalid Akhtar Adv. Khalid Akhtar

Delhi | 50+ Answers

Chat CONTACT NOW

Advocate Kunal Seth LawRato · Accepted Answer · 2023-10-11T18:19:40+05:30

Answer #4

You must have filed your replies to the complaint filed by daughter in law. the arguments would be restricted to the submissions made in the reply. however the onus of proof to prove the offence is on daughter in law. seems that the matter has been kept for final arguments. MM will hear both sides and decide. should you have any questions please feel free to contact me.

Helpful?

Adv. Kunal Seth Adv. Kunal Seth

Delhi | 700+ Answers

Chat CONTACT NOW

Advocate Kunal Sinha LawRato · Accepted Answer · 2023-10-13T18:51:24+05:30

Answer #5

You may take certain measures, let's assume you are at the stage of framing of charges, you may move an Application of discharge. Let the arguments commence and if there the complaint appears absolutely baseless the same may be dropped. This is a rare scenario, usually a complaint by a woman is seen as a gospel truth until and unless there is something patently illegal about it. You may explore another scenario, where you may approach the High Court under 482 for quashing. This is a more plausible solution wherein the relief may be immediate. As the High Court Judges have the inherent power to dismiss such false and unfounded allegations.

Helpful?

Adv. Kunal Sinha Adv. Kunal Sinha

Delhi | 200+ Answers

Chat CONTACT NOW