• Fighting with my neighbour

Dear sir,
A fight between me and my neighbour was happen to day because of some compound wall issue, during that time my father scolded him and then he hand on my father ...by seeing that I involved I pushed him back ward ..and tried to beat but he fell down and people stopped us, than he went to police station and complained against us ....police called us to compromise we are ready but he is not compromising...I to given return complaint on him.....so kindly suggest me to get rid of this situation because I am an employee trying to go abroad ...I don't want to involve such cases.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

See in this situation since there is no grave offence and both the side were involved , also you gave a cross complaint against him it would be better if you compromise and settle. In case he is not ready for same the police has to register a FIR after verifying the complaint.

In case FIR is lodged then either you have to contest in trial or go for quashing.

Further for settlement you can offer him some amount or can seek help of police as they can pressurise him.to settle.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The people there can record the statement before the police and that can help you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It appears on the basis of his complaint a FIR has been registered.

2. if that is so then the first step you will have to take is to get bail which would be allowed soon.

3. On the basis of your complaint a similar FIR has been registered on them as well.

4. Thereafter apply for clubbing of both suits so analogous hearing of the suits can be done.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Let police verify completely and file it's version you can also get the reliefs.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1)If fir is registered on you then you need obtain permission from court to travel abroad. Unless the court has restrained you from travelling abroad you are at liberty to travel.

2) try to settle dispute through an mediator or in lok adalat. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file counter complaint against your neighbour that he assaulted your father and you only went to help your father 

 

2) police would record statement of witnesses 

 

3) amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Statement of witnesses would help you in filing counter case against your neighbour 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

Better to compromise. If not happened produce the evidences before the police and bring some influence to register a case against them. If any FIR is issued against you then get stay from High Court and get is quashed. Nothing to worry. Approach a senior advocate who is on criminal practice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. If you want to go abroad then make peace with your neighbour. If FIR gets lodged against you then you may face hassles in getting visa.

2. Do however file the complaint as you are the victim.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

How to File a Harassment Complaint Against a Neighbour

Is Calling Police an Option?

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under –

Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

You can file suit for declaration and mandatory injunction in a civil court as well.

You can claim damages in the same suit.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

People who were there, ask the police to record their statement, Police will drop charges against you or no complain. And file complain u/s 145 CrpC.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Your counter complaint will make him to come to compromise.

However if he is not agreeing for compromise then you may have to obtain AB and then challenge the case in court of law.

You cannot travel abroad during the pendency of a criminal case against you.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you can name them as witness to your case against him, provided they are ready to depose witness against him.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer