Second respondent in Misc. Criminal Application to quash FIR
2 years ago
We filed a case against my sister-in-law's inlaws in 2017 as they were harassing her and she was forced to leave the house due to mental torture. She was depressed and was on her death bed yet her husband was not coming to see her or to take her responsibility. We filed an FIR against her husband and mother-in-law for same. 3 days after the FIR my sister-in-law passed away. Her husband was then summoned and he very accepted his fault in police station and returned gold and monetary items We gave didi during her wedding as a part of signed "Settlement Affidavit " . After three years, high Court has given a date for his plea to quash FIR. We were informed about this by him .Have not recieved any legal communication from court. He is insisting to hire a lawyer for us now and is asking us to sign an Affidavit stating "FIR was filed in heat of the moment and it was a misunderstanding " .my question 1. Should we sign it ? 2.Do we need to hire a lawyer ? 3. Do we need to attend the hearing ? 4. Is there any chance of him backfiring on us for defamation after we agree to sign his proposed Affidavit?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can sign the agreement if you do not want to pursue the matter further. In terms of the defamation allegation, you'll need to consult with a lawyer.
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If you do not want to pursue the matter and let things settle and amicable part ways then you can sign the document. As far as defamation charge is considered then you can consult a lawyer and prepare a document stating that the husband knows that there was no intent to defame him and the FIR was filed on genuine reasonable ground. However, if you want to pursue the case then you will need to consult a lawyer.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Apni or se aapko apni baat kahani padegi. Bina advocate ke koi application nhi li ja sakti hai.
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