• Harassment case against a criminal case

St month i had filed a case against a man who was stalking me and it went on to an extent of manhandling. But when his parents requested, i agreed to withdraw the case provided they will give me in written format. But since it was a criminal case, we had to be present in court to withdraw it. One month after the incident my brother got a phone call saying that those people are filing a case against him because they were mentally upset as we dragged them to the court. Is it even possible? Whay should we do now.?
Asked 8 years ago in Criminal Law
Religion: Hindu

15 answers received in 1 day.

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22 Answers

Settle it amongst yourself, they can file defamation and seek compensation or you can reactivate your side of case.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Yes this is possible and if you have not withdrawn your case then deny for withdrawal, they will be on a back foot,

and if you have withdrawn your case then file a application for reopening of the matter stating that it was withdrawn under the extreme pressure of other party.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. If you have withdrawn the case there is nothing more to do on this account.

2. However I do not find there is much merti in the case if they at all file any case as they are threatening.

3. The threat seems to be an empty one and made out of sheer frustration.

4. Even if they at all file any case that would be a civil suit only which is not a case of much concern.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) Don’t withdraw the criminal case

2) The accused should be punished fir stalking and manhandling you

3) Even if any counter case is for led contest it on merits

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. It seems that they have filed a suit for damages against you.

2. You have to bank upon the written statement of the accused wherein he either admitted his guilt or agreed to compound the offence.

3. Contest their case fittingly.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear,

As both the parties compromised on the matter and you withdrew the complaint, there are now little grounds for them to file any counter case on you or your brother or your any other family member(s) on the basis of your complaint as there was no prosecution happened in that case and it resulted in withdrawal of the case. However, if they have any other strong and specific grounds to file a complaint against your brother and in support of their grounds, if they have any incriminating evidence against your brother, they can lodge a criminal complaint against your brother and if there is any weight in their complaint, an FIR may be registered by the police. If such thing happens, ask your brother to secure anticipatory bail and get ready to contest the case when the case comes for trial.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

The case has been compromised at the behest of accused's parents and as the matter is compromised, that cannot be the ground to file a defamation suit against the complainant.

Nothing will happen.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

This is very common in case you don't withdraw a case and opposite party use to press for that.

Since you have filed a criminal case this can only be withdrawn by agreement of both the parties in the case.

Please don't be afraid of this harresment as you have valid reason to stand for and inform the police in writing about the incident immediately.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You dragged them to Court in a legitimate case; and not in a false and vexatious case which was filed merely to defame or injure their reputation

Their claim of filing a case against you is misconceived and you should remain at peace.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

It's rubbish you can show the court about the incidents and his manhandling. You can also project that they requested you to forgive and withdraw. Such false case doesn't stand.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

When your have withdrew the complaint, what are the terms have been mentioned is important.

It is very much important to look into the case papers and the order sheet.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Hello,

No this is not possible, if it was a compromise and you withdrew the same in front of the court then they can not now file a case for mental harassment. If they keep on giving call/ messages then report the same to the police.

If they go ahead and file the case then get the case dismissed on ground of the compromise, and file a counter case on them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No, that person cannot file any case against you as you had withdrawn the against him from the court upon his statement.

There was FIR/complaint against that person , which is enough for you to prove yourself.

If, you are receiving such type of call from them then you should further lodge a complaint with police after narrating all the happenings and you must mention in your complaint that you had withdrawn that earlier complaint upon the request of his family members and for your safety purposes.

Dont worry , good luck and

dont forget to Rating

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

thanks for your appreciation . since no case is field you need not worry

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If you have record of the same that police threatened you, initiate an FIR for threating you with your local police station and send by speed post, police will be bound to accept the letter and initiate FIR on mandatory norms

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

When someone claims to be a cop and calls you ask his name, designation and the police station where he is posted, he will hang up if he is an imposter.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Thank god.. however, going forward, make sure that you audio record the conversation if at all anyone calls you and threatens you. This will help you if any untoward happens to your brother.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

Q. Thanq so much for the advice. On enquiry we came to know that there was no case or any written FIR, but that fellow got sone inspector friend who started making some threatening calls--- Nothing to worry then.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

That is the case most of the times

If such thing is done again, file a complaint against the said person

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dont worry about such threats.

Let them go ahead with their complaint which is not maintainable

The matter has to go to court if the police had registered FIR and submitted charge sheet

If he did not feel insulted when he stalked and got bashed up in the public, what is the new thing he finds in this now at this stage/

Dont worry, you can challenge their case properly becasue you are legally right.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

On enquiry we came to know that there was no case or any written FIR, but that fellow got sone inspector friend who started making some threatening calls.

Then when you get a call next time, you trace out the person who called and issue a legal notice to the caller even if he is a police officer.

Without any legal action these people may not become alright.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

All the best.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

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