Hi,
It is suggested that you file a police complaint against him for threatening, extortion and blackmail and he will be running around you to protect himself. Do have his number and vehicle number.
Motorcycle accident - harassment with false accusation and threatening
A colleague of mine met with a minor accident on his two wheeler. It was a head on collision with another two wheeler which was clearly way above the speed limits. When the collision happened, my colleague had come to a near stop by braking but the opposite party was too fast and out of control to be able to brake and stop his vehicle and ended up colliding. Due to his excess speed, he fell and got dragged along the road for a distance. This caused minor injuries that included bleeding, bruises, cuts etc. My colleague went out to him and took him out to the hospital and got him treated for this injuries and paid for the hospital expenses in full, which accounted to 5,000 INR. He did this out of courtesy that he did not sustain injuries but the opponent party had sustained. After a few days, the opponent party started calling my colleague and falsely accusing him of coming in the wrong route that caused the accident and demanding money to fix the damages to his bike. He is threatening my colleague that he will file an FIR and take this up legally. He is also threatening him that he has eye witnesses, the van drivers in that area who could vouch for his claim. My friend too, had a colleague who was following him and witnessed the incident and he can vouch that the accident was only because of over speeding from the opponent party. He has sent bike repair quotation that amounts upto 30,000 INR and he does not want to claim insurance. I request for some legal advice on how to go about this scenario. Does the opposing party have any ground for filing an FIR on my colleague ? Also, it has been 35 days since the incident happened and no reporting to police had happened on that day.
Asked 6 years ago in Criminal Law
Religion: Hindu
12 Answers
Dear client
There is no need to worry and pay any remuneration to that person as he is just trying to make you pay for his mistake. Just gather your defences as it is clear that it was his mistake and not your because if it was your friends bike which was overspeeding then he would have sustained injuries also.
Let him file the complaint if he wants to the condition of his body and bike itself tells the story of the accident.
refuse to make payment
2) he can file FIR if he so desires
3) no need to pay Rs 30k demanded by opposite party
4) you can apply for and obtain bail contest case on merits
Delay in filling FIR itself a reason to decline registration of FIR and suspicion of allegations. Keep evading him and don`t agree of any such incident.
No need to worry,
As the vehicles involved are of same type, less chances that police will register FIR,
His injury is the only point to worry,
However, tell him to take whatever steps he want, and , at the same time try to settle the matter amicably with the help of some elders, close friends,
Further, why let him take the legal step, You can start the legal process by filing complaint against him.
let him file the FIR in the police and let the police investigate the matter it is evident that he was in excessive speed that's why he got the injuries otherwise your friend would have got the injuries he need not to pay any amount to him for the settlement
see the other party is clearly extorting money from your friend your friend can register a FIR agaisnt the other side before other party does further since there was no reporting on day police was not informed even his FIR won't held good and can be quashed or police can deny to take up same.
Further since there is no evidence or concrete proof then in that case there is no FIR as such maintainable after such delay.
He is trying to extort money you can settle with him if he has sustained any loss for his bike which can't be claimed under insurance and for his loss of no claim bonus. Rest depends on your friend to get black mailed or face it. Even if he files fir it will be bad case as there is already delay of 35days
No need to bow down, if they again threatening you file complaint against him..
Dear Sir,
Before that ask your friend to lodge a complaint and get issue a legal notice projecting the wrong things done by opposite party which will come as defense for your friend in future litigation.
See FIR can be filed, the same is false or not will be a matter of investigation
The delay in approaching the police will be a good ground for you to get the same quashed
You may go ahead and give a NC to the police station thereupon informing that you are being blackmailed and being threatened.
Regards
Ask your friend not to be worried about it and let him tell that person to go ahead with the complaint to police.
Because police will not register complaint after s passage of more than 35 days.
Secondly he cannot prove his charges in the trial court even if police registers the case since the witness cannot be reliable at this stage hence he will lose his case.
Moreover he will be at loss if he's not claiming compensation through insurance company.
Therefore ask your friend to remain silent over such unjustified claims made by him.
