• Dropping of 377 filed with 498a

Please guide as to how 377 charges be dropped in case of marital dispute. Please tell me court judgements in this regard.
Asked 6 years ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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11 Answers

You can file for quashing in HC based on settlement arrived at between parties 

 

if there is no settlement HC would be reluctant to quash FIR pending completion of investigations 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8158 Consultations

1. Unless the facts are known no opinion can be formulated.

2. Every judgment is in the context of the peculiar facts and circumstances of the case. 

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Sir you can file a discharge before the trial.court after the charge sheet for dropping of the charges .

Further quote relevant dates and events and facts for opinion.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Approach the allahabad HC and file a petition for quashing of the FIR.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You need to go for quashing in high court. If there is no case made out then high court will quash the case

Prashant Nayak
Advocate, Mumbai
34651 Answers
249 Consultations

without going through the facts of the case, unable to provide any opinion,

however, you can approach the High Court if any settlement arrives between you and wife,

if no settlement, it will be decided on merits,

what is the exact status/stage of the case/FIR?

elaborate complete facts to get a prompt revert

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Hi,if the charges has been framed by court ,then you have to contradict the charges during stage of evidence.. 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Charge sheet file or matter in under investigation ? Medical examination conducted ?

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

The charges will not be dropped automatically, you may have to challenge the case based on the merits and documentary evidences in this regard.

T Kalaiselvan
Advocate, Vellore
90164 Answers
2505 Consultations

Dear client

  1. The charge of 377 IPC or any charge depends on the FIR application complainant has given to the police and also on police Investigation report submitted to police. 
  2. You have to provide the details of FIR and investigation for getting the exact solution you want. 
  3. But this charge can be removed if there is no allegation of Unnatural sex on you in the complaint or evidences police has collected during investigation.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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