A woman filed a false case against me. I know the intention of the woman, she just wants to destroy my career and my life. That's why she filed a false case. I am a PCS officer and married woman and live in NOIDA (sometimes I have to come Lucknow because Lucknow is my Maika and I live there in first floor and the woman lives in ground floor) and the woman lives in Lucknow. In the case she said that I physically hurt her daughter on 1 October 2016 and her daughter recorded a false statement of the incident before judge but the day I was not in Lucknow and I have the prove that I was in NOIDA on 1 October 2016. My lawyer suggest me to quash the case. After quashing, can I file defamatory case against the woman and her daughter and claim for damages?? Filing a defamatory case against the woman will affect my job profile?? Which type of problems arise after filing the case in highcourt? and where can I file this case Lucknow or NOIDA court? And also suggest me should I file defamatory case against the woman or her daughter?
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you can file petition in HC for quashing if you are able to prove that you were not in Lucknow on that date
2)you can file complaint of criminal defamation under section 500 of IPC against mother and daughter in Lucknow wherein false case has been filed
3) also file suit for damages
4) it would not affect your job profile
Hi, for quashing of FIR you have to file an application under 482 crpc in high court .. If the high court quashes the FIR on the bases of evidence you have , you can file a defamatory case against them.. The defamatory case can be field on Lucknow as well as in noida
1. Qusshing of this case is very diifcult as proving a case fasleis not allowed in qushing.
2.Anyway there is no harm in trying for quashing.
3.Ys after quashing or acquittal if the trial happens you can file suit for damages out of malicious prosecution.
Yes you can file a defamation case.
The said case (if filed) will not effect your job profile.
No such problem if some case is filed in the High Court.
Both at Lucknow and Noida, since the same is considered to be continuing cause of action.
Againt the women
Regards q
1. From what you have narrated, it is a case of trial and not quashing. You have to face the trial to prove that on the date of alleged incident you were not in Lucknow. The scope of quashing is very limited. The HC cannot convert itself into a trial court while exercising the jurisdiction of quashing.
2. Once you are acquitted by the court you can surely file a civil suit for damages and also a criminal case of defamation against her wherever you reside.
First of all ascertain that what case has been filed against you?
Whether any FIR has been registered, if so what are the sections of law under which you have been charged?
Whether the charge sheet has been filed before court after investigation?
Whether the police have made any arrest?
Whether you have strong documentary evidences to prove that you are not present in the spot on the reported day of commission of offence ?
Whether the high court will quash the FIR or charge sheet is to be noted and how far this evidence will support your claim?
You may ascertain all the above and you can think about filing defamation case only after the case has been quashed by the high court.
Even in the case of high court quashing the case, you have a case against the police which filed the state prosecuted case.
They only can be held responsible for filing this case without making proper investigation into the complaint and also failed to understand that the complaint is false or genuine.
Thus, you can initiate any case against the police i.e., for malicious prosecution.
The proposed defamation cae against the defacto complainant may not be maintainable.
Take the advise of a local lawyer before proceeding blindly on this subject.
This is a complaint case. The case is- A woman, who lives in Lucknow, said that I physically hurt her daughter on 01 oct.2016. But that day I was not in Lucknow. I was in NOIDA. I had an appointment with my doctor in Max hospital. I have the bill of the same date. NO FIR HAS BEEN LODGED of the incident and it was obvious because no incident happened that day. In my Lucknow home CCTV camera is installed and I have the recorded footage of the day and it clearly shows that nothing happened that day. It is a false and an imaginary drama made by the woman and her daughter. Actually, the woman is my mother's real sister means my real Mausi. But she jealous of her sister (my mother) because I am successful but her daughter not. That's why she wants to spoil my career and my married life. The woman and her daughter (26years old student) made a false statement before the judge and recorded under 200 and 202 respectively. My lawyer suggests me of quashing the case in high court. After quashing, file a defamatory case against them. I am PCS Officer. My office is in NOIDA and live in Delhi and married. My questions are- 1- After quashing, do I file a defamatory case against the woman and her daughter from the Delhi High court not from Lucknow High court because up and down to Lucknow is not possible because of my job? 2- How much damage can I claim in defamation? 3- Which type of punishment will impose on the woman and her daughter for giving the false statement before the judge? It is kind of mental torturing me in a planned way. PLEASE HELP ME.
Defamation case has to be filed in Lucknow
2) you can claim amount you deem fit for maligning your reputation
3) making false statement on oath is an offence and the complainant can be prosecuted for perjury
1. First of all state
whether you have received summons or not?
Whether the court has framed charges or not?
If you have not received court summons yet, then you do not hurry with a decision to file defamatory case;
Ascertain what charges have been alleged and framed against you
The high court do not entertain petitions for quashing as a routine, hence you should analyse that how far will the quash petition will succeed, you can enquire about the success rate from people around as per prevailing circumstances,
If the high court refuses to quash and dismisses the petition then you may have to contest the case filed by her, prove that this was a false case foisted by her due to previous vengeance after which you can file a defamation case and not before that.
Further since the cause of action took place within Lucknow jurisdiction, you can file a defamation case within court jurisdiction court in Lucknow.
2. In criminal defamation you cannot claim damages, it is in civil defamation Case only, the amount shall be as per your own assessment
3. In defamation case the maximum punishment is two years imprisonment
1. The suit for damages can be filed in the HC only if the compensation sought is above 2 crores.
2. You can claim for moon in the suit, it is up to the court to decide.
3. Punishment for giving false statement before the court is 2 years. However, failure to prove the allegations is not akin to giving false statement.
Lucknow will be an appropriate place to file the defamation case.
You can claim a compensation to the tune of Rs. 20 Lakhs (in my opinion) because court usually does not give a compensation of more than Rs. 20 Lakhs.
If those state.
She can be charged for perjury under section 191 of IPC.
Regards
If the case of quashing is to be filed in Lucknow you may contact me at .
regards