Protection against recording
4 years ago
Dear Sir/Madam,
A friend of my cousin is facing a legal trouble.
Friend's sister was sent divorce notice by the in-laws of the sister.
In a fit of anger friend called the husband of the sister and hurled abuse to husband of sister.
Plus perhaps/May be threatened husband of dire consequences.
This whole thing was recorded by husband of sister on his smart phone and now husband of sister wants to peruse legal course against the friend.
To the advantage of friend, he has not done any more interaction with husband, nor ever met husbsnd,nor seen husband after that.Overall friend has not done any harm to husband except a recorded verbal threat.
Friend has checked for recording of phone call in his phone and could not find any recording of conversation.So friend does not have any recording with him.
Question
1)How can friend obtain the recording of conversation
Is there any software to get the conversation.
2)Any other way to get recording of conversation.
3)How can friend protect himself from the penal action of the law in case husband files a FIR/case against Friend.
4)What are the legal options /arguments available to friend to protect himself.
Pls guide
Shreyash Mohta
Responded 4 years ago
Even if there is FIR lodged it can be quashed u/s 482 CRPC in the HC
There are several options for the friend to get rid of such litigation because in good faith he might have used such language. For example even in Courts to judges out of record use some hard words to bring the issue resolved. The intention of the person using the words will be taken into consideration by the Courts. Your friend has not done any wrong thing. And if any FIR is registered it can be get quashed by the High Court.