False dowry petty quarrel complaint case in police Station by Daughter in law
3 weeks ago
1.whether police take action against us for false complaint and file FIR 2.Whether we can file counter complaint/FIR.Whether we can apply for anticipatory bail.We given papers to Advocate to file Divorce petition. If summon issued by court to Daughter in law, whether complaint/FIR in police station will be closed.Whether is it necessary to apply for anticipatory bail.How we have to protect from false complaint
A.Dear Client,
Even though there is no specific statute or provision in the Indian legal system that lists down protective measures against any false allegation or complaint, various relevant sections of the Indian Penal Code, Code of Criminal Procedure, Code of Civil Procedure, and the Indian Evidence Act can be used parallelly to obtain relief or initiate legal proceedings against frivolous allegations and complaints. Amongst others, inter alia, the first step that should be taken by the victim of a false allegation in India is to seek anticipatory bail from the nearest court having jurisdiction to grant anticipatory bail in case a First Information Report (FIR) is filed against him/her to get protection from arrest based on a fabricated allegation. Before an arrest is made, anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court in order to quash an FIR. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine. Section 120B of the Indian Penal Code can also be invoked in case any person feels that a criminal conspiracy that is being formed may be used against him in the future. Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine. Reach out to an Advocate experienced in matrimonial cases for guidance and necessary steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
Even though there is no specific statute or provision in the Indian legal system that lists down protective measures against any false allegation or complaint, various relevant sections of the Indian Penal Code, Code of Criminal Procedure, Code of Civil Procedure, and the Indian Evidence Act can be used parallelly to obtain relief or initiate legal proceedings against frivolous allegations and complaints. Amongst others, inter alia, the first step that should be taken by the victim of a false allegation in India is to seek anticipatory bail from the nearest court having jurisdiction to grant anticipatory bail in case a First Information Report (FIR) is filed against him/her to get protection from arrest based on a fabricated allegation. Before an arrest is made, anticipatory bail can be granted under Section 438 of the Code of Criminal Procedure. To address a false complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings against the accused. It is essential to prove to the court that the FIR was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of FIR can also be filed before the High Court under Article 226 of the Constitution of India by means of a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court in order to quash an FIR. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and shall also be levied fine. Section 120B of the Indian Penal Code can also be invoked in case any person feels that a criminal conspiracy that is being formed may be used against him in the future. Section 193 of the Indian Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine. Reach out to an Advocate experienced in matrimonial cases for guidance and necessary steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
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