Legal Question in Criminal Law in India

One Sushil Kumar Jain (father of Mohit Kumar Jain, Vipin Jain, Piyush Kumar Jain, Ashish Jain) filed fake/forged criminal complaint U/s 323, 504 and 506 IPC with fake witnesses against father & 2 uncles of girl. It was filed to put pressure on girl's family for settlement. Now said Sushil Kumar Jain has died of a heart attack. A settlement between girl & boy has also finalised.

Now please advise how the criminal complaint can be settled or quashed against the father & 2 uncles.


Asked on 3/26/14, 10:56 pm

1 Answer from Attorneys
veerabahu kannan

If it is a police case, you can move the concerned High court by filing a petition under section 482 Cr.P.C to quash the charge sheet. If it is a private complaint,Whether the person seeking substitution in the place of deceased complainant is a fit person to be substituted is the discretion of the Magistrate to consider. In other words, whether the fitness of the person to represent the deceased complainant would sub-serve the cause of justice is the matter to be considered by the Magistrate.

Nellai v kannan 9443154058 ----- [email protected]

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Answered on 3/27/14, 2:30 am


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