In continuation with my query below, please advise if section 354 is applicable to a woman against another woman ?
2. Is it compulsory for the complainant to be present in the court when the police is filing a charge sheet?
3. Is there a way to arrive at a compromise between 2 parties and close the case , before the charge sheet is filed?
4. what will be the next step in such a case ? Is it possible that judge will order closure of the case on the pretext of being a flimsy scuffle
There was a scuffle between two ladies which went out of hands at a public place ( local train station, Mumbai)
Both the ladies filed FIR against each other with above mentioned section ( section 354 , 504, and 323).
Is this a valid case , specially section 354 ( outrage of modesty of woman) against another woman.?
what is the future of this case ? Is there a way to quash this case ?
Asked in Criminal Law from Mumbai, Maharashtra
1. The provision of the section referred by you is given below from which yo can understand whether it is applicable or not:
Assault or criminal force to woman with intent to outrage her modesty.—Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
2. There is no necessity for the complainant to be present in the court while the police is filling the charge sheet before court.
In fact it is not just complainant, but it is actually de-facto complainant. The police will be the complainant in all police prosecuted cases.
3. If both the warring parties arrive at a compromise settlement within them, they may inform the police by giving a statement stating the same, after which the police may refer the charge sheet before the court recommending to close the cases or FIR owing to the compromise arrangement arrived between the parties.
4. Read the above answer.
5. for quashing he case both parties should file affidavit before high court expressing their intentions.
1) under section 354 it is provided that whoever assaults or uses criminal force on women intending to outrage her modesty shall be punishable . . it can be made applicable to a woman against a women
2) both parties can approach local police station mention about compromise arrived at between parties . on said basis police will file closure report
3) court can order closure depending upon police report
4) for quashing you have to move HC
354 does not lie against a woman.
Go for quashing of this and the sections of 354 and 504 IPC would surely be quashed.
However section 323 will remain.
1. It is applicable,
2. Unless the court has summoned the complainant he is not required to be present at the time of the filing of the chargesheet.
3. The offence can be compounded.
4. Unless there is compounding the court will decide the case on merits.
5. We are not astrologers, so cannot predict the future.