Settle it amongst yourself, they can file defamation and seek compensation or you can reactivate your side of 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.?
Settle it amongst yourself, they can file defamation and seek compensation or you can reactivate your side of case.
Yes this is possible and if you have not withdrawn your case then deny for withdrawal, they will be on a back foot,
and if you have withdrawn your case then file a application for reopening of the matter stating that it was withdrawn under the extreme pressure of other party.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
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 If you have withdrawn the case there is nothing more to do on this account.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.
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
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.
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.
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.
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.
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.
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.
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.
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
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
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.
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
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.
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.
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.
That is the case most of the times
If such thing is done again, file a complaint against the said person
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.
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.