Legal Question in Criminal Law in India
One of my close friend is facing a false case of IPC 306. The convict is a girrl. The marriage between my friend and her husband took place in 2009 feb, After two months problem started betwwwen 2 0f them and finally they filled a petion of mutual divorce on apprill 2011 ststing that they we living separetly since march2010.
but interesting part is the boy commited suicide before the final day of divoce , Due date of divorce was at sept 2011 and the boy commited suicide before one month i.e on aug 2011. The parents and inlaws registered a case of IPc 306 against her stating that my friend used fithly launguages , provoked him over SMS (though no sms was sent) though she is innocennt as far i know her from childhood,They were living separately since 1 and half year.According to my friend the boy had some psychological problems. is there anything to worry. plz suugest about what evidence they can give and how to counter that
1 Answer from Attorneys
as the divorce petition was pending when the boy committed suicide, this is a good defence in your case. you may go for quashing of the FIR in the high court of your state.
Regards
Adv. Rajiv
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