Criminal Law

Quashing of non-compounding case when parties are settled their issues out of the court

My wife has filed a false case against me to compel me for meeting her demand. She is not willing to live with me because she has an affair with a man and she wants to live with him. Her parents are also taking her favour therefore they demand a huge amount of money for mutual divorce.

I was unable to fulfil their demand so that they started fighting and threatened me to face dire consequences. After some time, she approached me to return all the goods and money expended in her marriage. I denied returning a single penny because it was unfair to demand.

Thereafter she filed a false case of cruelty and sodomy against me. We have settled our disputed consequently we want to get rid of criminal cases. My advocate says that sodomy is a non-compoundable offence, therefore, it cannot be compounded under section 320 crpc, please advise.

Section 498 A, illicit relationship causes cruelty

My husband used to give me threats to face grave consequences if I disclose his illicit relationship. He has an illicit relationship with some women of easy virtue therefore he gives such treats. I became very frustrated out of such threats, therefore, decided to end my life. I have two young children so I cannot take such a harsh step and leave my children in destitution.

However, I have left my matrimonial home because of continuous threats and cruel behaviour of my husband. My in-laws are a very kind nature person, therefore, I don’t want to tell that truth. Can I file a cruelty case against him?

Executive magistrate passed order under section 145 crpc however dispute has decided by the civil court

My father built one house. After his death, some disputes arose between sons. My elder brother filed a civil suit for partition of the house. The decree has passed in my favour, but its execution is still pending.

He is trying to dispossess me from the house and also wants to stop the execution of that decree. Therefore, approached the executive magistrate and moved an application under section 145 crpc. The magistrate has passed that order without giving me an opportunity of hearing. This is indeed the violation of natural justice. What should I do?

A company committed offence under section 138 N I Act

When a company issued a cheque and it is dishonoured by the drawee bank it is said that offence under section 138 of the negotiable instrument act, is committed by the company. But company cannot be prosecuted for the offence because it is a legal entity and no physical punishment can be imposed upon a company.

How to file a complaint under the NI Act

Sir, how to file a complaint under the Negotiable Instrument Act? I am a software engineer and working in Infosys. One of my colleagues met financial hardship so he requested me to give five lakh rupees. Therefore, I remitted three lakh rupees in his bank account. At the same time, I took a print out of that transaction record and sent it on his WhatsApp number.

After seven months he issued a cheque valued rupees three lakh. That cheque was dishonoured due to insufficient fund. I think he is not willing to pay that amount so I want to take legal action against him under the NI Act. Please guide.

When can I file complaint in cheque bounce case

When can I file a complaint about the offence of dishonour of cheque? Dishonouring of a cheque for insufficiency of the fund in the account is generally called bounce of cheque. Section 138 of the Negotiable Instrument Act 1881 envisages bounce of cheque is an offence and also provides punishment for the offence of cheque bounce.

How to produce electronic document as evidence

I am an accused in a criminal case, and I want to produce some evidence which I stored in my laptop and pen drive. How to present that electronic evidence in the trial? What is the procedure for the production of electronic evidence?

No second FIR in same offence

No second FIR in the same offence, same incident or same occurrence. The code of criminal procedure does not allow to register more than one FIR in respect of same offence. If accused has committed more than one offences in the same transaction still there should be...