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Q.Regarding a quarrel and fight

Q. Regarding a quarrel and fight

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Anonymous

posted 1 year ago

Respected Sir/Madam,
I have a friend (say A) and she stays in Mumbai with other flatmates in a rented apartment. Last night her roommate (say X) slapped her while having a conversation and was drunk. In return my friend also slapped her twice or thrice. The roommate X got a slightly swollen nose and my friend A got nail scratches on her hands. The roommate's mom calls up my friend and threatens to file FIR under 307 and do drug test and defame my friend for harming her daughter. Now my friend is scared, thing is she had some bhang one day earlier, and she's scared if that will be a problem, and if an FIR can be filed for such a small issue, she just got too scared to face any defamation. Does this case even hold any chances?
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A. Dear Madam,
It is not a small issue to be ignored as it involves drugs and police may do anything to create evidence. If you feel they are going to lodge complaint then immediately rush to be police station and lodge complaint before they file. If their complaint is registered then immediately get anticipatory bail.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 8 months ago

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A. Having a quarrel and making an attempt to murder are different in all kinds. The matter that you have placed is just an act of quarrel which was performed when the party was not in her senses. Yes, but then it cannot be disregarded that physical touch as involved. So, it cannot be ruled out completely that no case stands against the offender, but definitely not attempt to murder. She can get a warning by the authorities which might be the action of the authorities on getting information from the informant but only in the nature of an general information and not serious offence.

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Vedant Lakhotia

Experience: 3 Year(s)

Responded 1 year ago

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Anonymous

Replied 1 year ago

But the other party has started exaggerating things and complained to the society and made my friend vacate the flat and all and is also threatening to file a complaint. In that case, will it affect my friend's career, she's only 24 and is aspiring for higher studies in the States. She's also current working in one of the very reputed US based consulting firm. How serious can the other party make this issue?

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A. Look Section 307 of Indian Penal Code is not a simple "happy go lucky" law that any body can use it at the drop of a hat. 307 deals with attempt to murder and you don't attempt to murder a friend with slaps. A person has a right to lodge an FIR under any of the relevant provisions of criminal law, it is the Police and Court to decide what charges should be applied and what not. So, in my opinion your friend should just relax and may be tender an apology to her roomies mom and move on.
In case it takes a dirty turn then she must consult a lawyer.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 1 year ago

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Anonymous

Replied 1 year ago

Thank you Sir... And what about the drug test sir... I feel it's not something that can be performed just like that as per their wish.. Does she need to worry regarding that.. And the point that they haven't done anything yet could be may be the roommate is waiting for her body to flush out the alcohol she had?

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Anonymous

Replied 1 year ago

And also that roommate has created a false scene that she's badly affected and has headache and injury and all. The truth is it's just some swelling. But her parents aren't ready to listen to the other side of the story.. They're like our daughter doesn't drink and all. They're blaming everything on my friend and she's just scared if they could use any influence on higher officials or someone to defame her.

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Anonymous

Replied 1 year ago

Also while all this happened, only the roommate's two friends were the witness and they are taking her side and exaggerated the truth and told her mom the twisted story. My friend has no one who can support her as a witness that the roommate started the fight and slapped her first. Can they file a false case against my friend?

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Abhimanyu Shandilya

Experience: 14 Year(s)

Replied 1 year ago

May I suggest you to fix an appointment for a telephonic advice. It is always better to speak and discuss.

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