Booked under IPC Section 354
I have been booked under section 354 and held for a day in Tihar, I got bailed the other day. The girl who filed the complain took back the charges the same day but the magistrate was in no mood to not punish us. Kindly read the following points:
1. The girl who filed the complain is not related to me at all but she is in relationship with my friend,
2. We (Me and my friend were drinking at my place) The girls and my friend had a fight and She came all the way from her house 20 kms far from my house at 1am in night and called PCR and filed complain against her boy friend and even ME!!
3. She stated that I abused her, however the phone was not mine but of my friend (As My phone bill was not paid, I was not able to receiveany calls in the past 10 days almost,
4. She is angry with me just because my friend was staying with me and thus dragged me in this case,
5. She took back her complain the same day and after we got bail. She is still threating me in bad manner.
My request is to get me to a solution-a stage wherein I can secure myself and remove my name from this case as I have to go abroad for further studies. I have not lied a single word.
She is not girl friend. The sim was not mine that was used while they (girl and my friend) had heated conversation. As far as drinking is concerned, I am sure that doesnt make any sense when I myself admits that YES I was drinking at my place in my house, It was she who came so I feel all this is pathetic and unfair.
Many girls are using laws in their favor in wrong manner and an innocent person is just being held accused because of the law. TIHAR JAIL is not a place to be and I along with my family feel humiliated and insulted to the ground.
Asked in Criminal Law from New Delhi, Delhi
You stated that the girl took back the complaint which was filed against you and your friend. In that case since the complaint was u/s 354 IPC, it is compoundable with the permission of the court. I assume that the court now is not permitting the case to be compounded.
You may file a revision petition before Sessions Court against the order of the magistrate by which he refused to compound the matter. This will solve your problem.
If the girl is willing to put an end to this then the most efficacious remedy would be to move the HC for getting the FIR quashed.