You can either file an FIR quashing before the HC or else you can go and participate in the investigation.
Fake cases lodged against my family by a girl
My family is joint family and we all live in urban area about 40kms away from our native village. In my village since my great-grand father's time all are living in same house constructed by my grand-father. We visit our village occasionally only 2-3 members not all memebers. There a girl lives in that house whose grand-father was my grand-fathers brother. Her parents live in ludhiana(punjab) for their livelihood.We are in Bihar. That girl had filed F.I.R that we tourture her and beat her. And a complaint is to S.D.O under section 107. Again she has filed F.I.R stating the same and this time she complaint against my whole family be it my grandparents or class 4 th studing brother. What should i do now? We are residing in urban area since last 30 years and we have our own house here constructed 30 years ago.
Asked 6 years ago in Criminal Law
Religion: Hindu
7 Answers
If the FIR has been lodged , police will conduct investigations and file a chargesheet in court .. It is advised to make her sign a compromise deed before police and settle the matter .. If she do not agree then take anticipatory bail before cour and join the trial
Police would issue you notice to record your statement
Deny allegations made in complaint
Mention that family stays in city and visit the family house only thrice in year
Apply for and obtain bail
Wait for filing of charge sheet
Contest the case on merits
You may approach the High Court against the FIR lodged by her and pray before the Court to quash the same on the ground that there is no substance in her allegations and the same have been lodged with an oblique motive t falsely implicate you all. Plead that you all are just being sought to be unnecessarily framed in a false case. You could also challenge the show-cause, if any issued by the Magistrate in proceedings under s. 107.
Contest the case on merit and reveals the true things and Deny all allegations in the complaint. The investigation officer will call you for investigation for filing of charge . Check out the real intention of the girl and fight against that. If needed take an anticipatory bail.
1. You are deficient in providing details.
2. The said girl stays in your jointly held house in what capacity? Is she also the legal heirs of then property where you ares staying?
3. Section 107 of IPC is for abetment of a thing which is not applicable in your case. She can file a petition before the Executive Magistrate praying for security for keeping the peace u/s107 of Cr.P.C. whichc you shall have to contest fittingly.
4. Has she lodged a complaint which has already been registered as FIR by the police or she has just lodged the complaint? If police registers FIR based on her said complaint, all the accused shall have to avail AB from the Court (if the sections put by the police in the FIR are non bailable sections of IPC) and contest the case fittingly.
If she has lodged a criminal complaint against you people her intention may be to put pressure on you all to give away that property to her where she is living now.
You know the background of the complaint hence it would be better that some of you can arrange for a meeting with that woman and if necessary the village elders may be involved and an amicable solution may be arrived.
If there is no truce happening then you all may obtain AB and face and challenge her false allegations in the trial court properly so that she do not get anything by filing this complaint.
