Hello ..we are two sisters both married.. my parents are both senior citizen and my maternal grandmother stays with my parents. My father mother and grandmother stays at my father's house in Kolkata. My aunt ( mother's sister) and her husband is very bad .they never looked after my grandmother instead once threw her on roads taken all her jewellery and money from joint loker in aunt's and grandmother's name. she has logged police complaint against my father mother and grandmother all false alligations.. my mother and grandmother filled cross complaint with all proof and charge sheet is also created against my aunt.. now few days back aunt has again logged complaint against my mother and grandmother u/s 447/ 188/ 427/506/34 IPC.. all three of them are aging and have various health issues and all these is creating huge mental pressure and harassment and unnecessary financial and mental trouble.. pls guide what should we / I can do.. it's real urgent
Your mother and grandmother must see a local criminal lawyer, and apply for anticipatory bail.
It is important that this dispute is resolved amicably and settled out of court. Encourage them to sit across the table along with a mediator and resolve their differences.
Hi, it is advisable to file a quashing petiton in high court under section 482 Crpc ..The high court can put stay on arrest and further proceedings till final order on petition ..
1. Has your mother and grandmother obtained bail already? If not then they should do this immediately.
2. Unless the FIR is perused threadbare it is not possible to formulate an opinion on the remedies that can and should be adopted. Either the accused have to face the trial or they can file a petition for quashing of FIR in the High Court with an interim prayer to stay all further proceedings arising out of the FIR.
Hello,
File a petition for quashing of the FIR in the HC on the ground that the FIR is being filed regularly by your aunt in order to harass them and the criminal justice system is being swung into motion for no fault of them.
Regards
1) your grand mother, parents should file complaint against your aunt seek protection order against aunt contacting them in any manner via personal visits , phone calls , messages , emails etc
2) file for quashing of false complaints in HC
A quashing petition can be filed before the high court since the FIR is false and there is no evidence on record and further all are senior citizen the high court shall appreciate the quashing petition based on the material on the record.
Further the high court shall also grant a stay on trial pending the petition.
File a domestic violence against your aunt and throw her away upon courts order from the rights over property and assets for not looking at aged parents rather harassing
1. It is not clear who is the owner of the house where your Masi is staying.
2. Whether it is owned by your parents or your grand mother in either case they can file a case for their eviction.
\3. If the house is owned by your grand mother she can file a case before the Senior Citizens Tribunal to oust them from the house. Else your parent can file case.
4. Get a counter case filed against them as well for assault and physical tortures.
Dear,
After filing this complaint, what action police has taken.
If no action taken then file anticipatory bail for them.
Your matter already pending in court, so if any favorable
orders come in your side, and they are doing against that
order then you can file contempt of court case.
Your grandmother can file harrasment complaint against her own daughter i.e your aunt and against her husband, the provision of the protection of women from domestic violence act 2005.
- Your grand mother ,parents should approach the High Court for getting the FIR quashed by filing an application under Sec 482 of Crpc on the following grounds-
1.The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence.
2.The Offence for which the FIR has been registered has never happened;
3.The FIR contains merely baseless allegations without any reasonable ground to prove an offence.
- Specially your grandmother should file a criminal application against your Aunt and her husband before the Police commissioner of your jurisdiction under Senior Citizens Act for harassment.
1. It is still in the complaint stage or FIR has been registered by the police based on her said complaint?
2. However, all the stated sections are bailable for which there will be no arrests to be made by the police.
3. Engage your lawyer to defend the accused fittingly and once the case is dismissed, the accused can file a petition u/s211 of IPC against the complainant for lodging/filing false complaint/ case for causing damage to the accused.
If she has filed the false cases again then your parents and grandmother have to either face the trial or can file a quash petition before high court under section 482 cr.p.c.
The supporting documentary evidences in your possession and merits in the case may help you to get her case quashed.
