• FIR regarding abusing

I have hot talk with my chacha g. I abuse him because he is torturing my father many times. He told me that he will raise a FIR against me. So what should I do if he raised a FIR against the me.
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

1. For verbally abusing a person no serious criminal case is registered.

2. So on this account there is not much to get concerned.

3. Since your father is getting tortured  he can visit the police station and lodge a complaint in writing.

4. If the tortures upon your father js serious then police can register FIR against him.

5. So , next time if your uncle tortures your father then instead of making hot talk with him. ask your father to lodge complaint with Police in writing.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

As your uncle is torturing your father, he should immediately file a complaint with the police narrating as to how how your uncle is harassing him and to take action against him.

He cannot get FIR lodged against you on the basis of a heated argument only.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

For abusive talks FIR can't be registered only NC is lodged

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

deny allegations made by your uncle 

 

2)in future do not abuse your uncle 

 

3) record all threats received by your father from your uncle 

 

4) install CCTV cameras in loving room of your house

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

See in case FIR is filed against you in that case you need to file quashing petition before the high court. And take stay on trial and investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Don't worry, no FIR in such matters.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- Since, till date there is no FIR againt you  , if there is an FIR , police will approach you .

- Better take a precautionary steps in advance and lodge a complaint before the police against your chacha g for his   said torturing to your father and further also mention that your chacha g is threatening for dire consequences and for false filing of FIR. 

- In this way, if your chacha g will approach the police , you will be given a chance to resolve the matter in dispute. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

Your uncle can lodge complaint at Jurisdictional police station. Incharge of the police station appoints the investigation officer for every complaint, the complaint and the evidence are inspected by the investigating officer and if necessary, the statements of the concerned persons are recorded. If the complaint is found correct, FIR is registered and further proceedings are done.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi,

He may file the case for the same and you are suggested to precautions and take bail as per the law. Also defend the case on grounds of provocation. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

In case he raises a FIR the the police will call you after his complaint and then you may tell the situation to the police. Though the police will not lodge FIR for such pity offences. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can also days when FIR your father and before he do any such FIR against you and in this case there will be a cross FIR from both the parties

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

An fir can be filed on false charges. The police may register the case but you can approach the high court for arrest stay and quashing the fir.

Regards 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. FIR may be registered against you under Section 506 IPC for the offence of criminal intimidation.

2. Apply for anticipatory bail as and when the FIR is registered and then you have to contest the case on merits.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Where a false FIR is lodged against a person by someone to falsely implicate him in a false case, then in such a case file application filed u/s 482 of Crpc for Quashing frivolous FIR

The Application can be filed by a person under Sec 482 of Crpc to the High court for getting the frivolous FIR filed against him quashed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should control yourself to avoid such quarrels which may result into police case.

If at all there is any FIR then yo first obtain AB and then look for solutions after that.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear you are having an apprehension that your chacha ji may file an FIR against you.
  2. Actually, until and unless the FIR is not filed police can’t take any action against you.
  3. But, still you are having an apprehension that once the complaint is been filed police will come to you and arrest you without giving you the notice under section 41 of Cr. P. C.  to appear before them.
  4. For this there is a provisional in law that you can seek protection from the court of law for at least giving you the notice before arresting you.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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