Legal Question in Criminal Law in India
My friend was verbally insulted by his relatives since his marriage had broken down. In revenge, my friend wrote a series of nasty, insulting emails to his relatives (husband, wife and daughter). There is no proof of the verbal insult since it was not recorded, however there is proof of written emails.
In court of law, relatives will deny verbal insults whereas my friend will be forced to apologize since there are proofs against him in form of written emails.
Will my friend get convicted and sent to prison in such a case after an apology is given? Will relatives go scot free since there is no proof against them and their lies are not found out even during cross examination?
There is a delay of one year in filing FIR by the relatives. Will the judge quash the case even though there is evidence against my friend in form of written emails thinking that the prosecution could be malicious after such a long delay?
1 Answer from Attorneys
Mere writing abuses does not attracted strict provisions of law. However, only after going through the contents of the FIR, it can be suggested whether its a fit case for quashing or trial needs to be faced.
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