Required info for apply for compensation for filing false cases etc. Required info for apply for compensation for filing false cases etc.

4 months ago

Dear Sir,

I was married in Dec 2016. My wife filed false case on me and my family u/s 498a, DV act, dowry act etc. She and her family made false allegations on me and send me to jail two times. Now we are settling the matter by one time settlement of Rs 10,40,000.

I want to apply for comphensation for falsely arresting & filing false cases on me and abusing me with false allegations and sending me to jail.

Please share how i apply forcomphensation for falsely arresting & sending me to jail

Legal Counsel Vidhikarya

Responded 4 months ago

View All Answers
A.Dear Client,
Of course you can file a counter case against your wife and her family for bringing a false allegation and accusation under D V Act claiming compensation for the injury/damage caused to you for said false allegation by filing suit before the same court where the case under PWDVA 2005 is under trial for defamation (Section 500 of IPC), criminal conspiracy (Section 120B IPC), false evidence (Section 191 IPC), or even criminal intimidation (Section 506 IPC). But, when you have decided to settle the matter out of Court by way of one-time settlement then no cogent reason behind your counter claim of compensation for false allegation or accusation does not appear or transpire on the face of your query. A question may arise in course of trial of your counter claim as to being aware of false allegation/complaint why you settled the case in course of trial instead of contesting it. If you are able to answer and satisfy the Court with the reason behind your counter claim for compensation, you may go ahead to file a counter claim under the above referred sections of IPC. If someone has made false accusations against you, contact an experienced attorney who can help you to understand your legal rights as you seek to restore your reputation and make good of the damage done by the lies that have been told.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 4 months ago

View All Answers
A.Dear Client,
To seek compensation for false arrest and the filing of false cases, you should consider taking the following steps. First, consult with a criminal defense lawyer who can assess the specifics of your case and guide you through the legal process. They can help you file a petition seeking compensation under Section 482 of the Code of Criminal Procedure, which allows the High Court to exercise its inherent powers to prevent abuse of the legal process. In your petition, highlight the false allegations, wrongful arrest, and the impact it had on your life. Provide evidence supporting your innocence, including any documentation that disproves the allegations. The court will examine the merit of your case and may award compensation if it deems fit. Engaging legal counsel is crucial to navigate the complexities of such cases effectively and ensure that your rights are protected.
Thankyou
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconDivorce
Dear Client, In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
question iconDivorce certificate in Faridabad Haryana
Dear Client, A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...
question iconDivorce
Dear Client, Post decree of divorce, you are entitled to claim maintenance for you and your child. Section 125 of the Criminal Procedure Code provides maintenance to wives, children, and parents who...
question iconWrong address
Dear Madam, You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.
question iconlive in relationship
Dear Client, Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...