The court will take action in this regard after the statement of the complainant and witnesses and will order the police to investigate the matter and file a FIR and submit the final report /charge sheet to the court
Bail in 323, 324 IPC when filed as a private complaint in court
My wife and her 8 famiky members/ relatives had been summoned by court in 323 and 324. Complaint was private complaint made through court. Wife alongwith other family members attacked me and my sisters. We got ourselves medically examined. She put various sections against us: 323,506, 511,341, 498a, 406. But police refused to lodge our complaint, so we made a private complaint.
Asked 7 years ago in Criminal Law
Religion: Hindu
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10 Answers
Hello,
If medical is there then it will be difficult for them to obtain a bail at this juncture.
At what stage the private complaint is going on.
R
Hello
The police refused to register the fir and hence you filed a complaint under section 156 3. The magistrate has summoned her and her family members. The magistrate will record their statements and if he finds substance in your case he will direct the police to register an fir against these people. And the police may arrest them if they do not file an anticipatory bail application.
Regards
Summons shall be issued to them if they.present themselves before the court.on summons they won't be arrested till.court orders so.fhrther 323 ane 324 are bailable offence so in case FIR is registered they can seek station bail.
Wife and her family members would be released on bail on certain terms and conditions
323 324 sections are bailable, if any dangerous weapon has been used like knife etc.a separate case for possession of such dangerous weapon will made it non-bailable.
Private complaint was filed under 200 crpc. After all the evidences (mune, sisters, doctors who did medicals from govt civil hospital and policeman (who made rapart). After all the witnesses having finished there statements and after preliminary evidences, court had summoned wife and others under 323, 324. Now i am having following queries: 1. After being summoned Whether wife and relatives can go for quashing in 482 directly or whether they need to take bails before going for quashing? 2. Whether they can get stay on court proceedings? 3. How easy is to get stay and quashing for them? 4. Last as per latest update 324 is bailable or bon bailable and compondable or non compoundable?
Asked 7 years ago
Quashing is to be done only in exceptional circumstances
2’ HC is reluctant to quash FIR pending completion of investigations
3) court will direct wife to apply for discharge before trial court
4) section 324 of IPC is bailable
The magistrate takes cognizance of the complaint u/s 200....it is filed j/s 156 3.
Anyways..they can go directly to the hc against the summoning order.
Depends upon the facts and circumstances of the case. But is not very easy to get it quashed as the hc treads very carefully when exercising jurisdiction under 482.
Compoundable and bailable section.
FIR can be quashed only through high court, before that accused have to obtain bail from court and also get stay on the further proceeding after getting out on bail...
Section 324 of IPC is compoundable and Bailable.
1. They can directly go for quashing can take protection orders.
2. Yes if the court deems fit not necessarily.
3. It is not easy depend on the fact circumstances and evidence on record court and reject quashing also.
4.324 is bailable offence non compoundable.