A.
Dear Client,
You cannot prevent anybody from making a false complaint or allegation against you. However, to address or resolve a false complaint or false allegation 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(now Sec.528 of BNSS). The Section 482 Cr. PC empowers the High Court to dismiss false complaints/criminal proceedings initiated under that complaint before the trial Court against a person. It is essential to prove to the court that the complaint or criminal suit 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 the quashing of false complaints or criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or criminal proceedings. If required, consult or hire an Advocate to navigate the issue in the right way.
Posted On 16-May-2025
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