• Fake case of beating a women relative

My grandfather put me as nominee in bank I informed it to my father's brother and his wife came to our House and argued with him, so I asked her to get out of my house so she beat me my mother defended in a clash she had a little scratch in her face, but she filed a case against me like I beat her and she afraid of that I will kill her.

What case will be filed against me and how I can defend myself?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

File counter complaint against uncle and aunt fir assaulting you and your mother 

 

if police refuse to file FIR file private complaint before magistrate under section 156(3) of cr pc  to direct police to investigate abd submit report 

Ajay Sethi
Advocate, Mumbai
99874 Answers
8149 Consultations

See FIR shall be registered under you Indian penal code you and your mother register a cross FIR against the aunty and uncle 

See you can deny allegations onus is on them to prove that scratch was done by you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If she has filed a criminal complaint against you, the police will start the process of investigation. In your defence, your mother could be a good witness to say that your aunt assaulted you. As it is a petty case of  family scuffle, the police may try for a compromise settlement, and may not proceed with an FIR in all probability. In case you are arrested, you have to engage a lawyer to take you out on bail.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Dear sir

You should file a cross case against her for entering your house and beating you and blackmailing you that she will accuse you for some offence. 

And the case she has file against you is 323 IPC punishment for causing grievous hurt and 506 criminal intimidation 

You can defend your self by filing FIR against her for illegally entering your house and causing hurtvto and your mother

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Immediately file counter complaint against them. 

File an NC application in jurisdiction police station with all facts and details. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19342 Answers
32 Consultations

It appears that your aunt has only informed the incident.

Since no crime has been committed there is no likelihood that any FIR has been registered.

So do not worry about this.

Even if any FIR is registered that would be a bailable offence. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

If some FIR is lodged for assault you can take anticipatory bail in the same

Prashant Nayak
Advocate, Mumbai
34587 Answers
249 Consultations

As they have lodged a complaint against you, Police wale first investigate the matter and then would decide whether to lodge FIR or not.

In the meanwhile, you should also give a counter complaint against your aunt for assaulting you and your mother in your premises and urge the police officials to take action against them.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear Sir,

You can defend the case by engaging a good lawyer and deny the all allegations made by complainant. If there is no evidences then case will be acquitted by the court.

Sec 351 of Indian Penal Code enumerates assault. Sec 353 of Indian Penal Code gives punishment for assault.

Indian courts have held that to constitute assault it is not necessary that there should be some actual hurt caused. A threat constitutes assault.

The ingredients are set out below:Making of any gesture or preparation by a person in the presence of another.

Intention or knowledge of likelihood that such gesture or preparation will cause the person present to apprehend that the person making it is about to use criminal force on him.

Simple and Aggravated Assault. Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Instead your mother should file police case against her that she barged in your house, threaten her and you and heated you. And scratched in defence. 

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

make a police complaint against her through your mother for entering your house forcefully and beat you and threatened to kill etc.

the above complaint will be your defense, 

if police refused to register, immediately approach the court under section 156(3) CrPC

 

 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Hello, 

Ask your mother also to file a cross FIR against her. 

Injury related offences can be charged against you. 

As advised lodge a FIR immediately against her. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

They might lodge criminal complaint for assault, outraging modesty or women and criminal intimidation offences.

In case of any FIR you may first obtain AB and then challenge their cases in the trial court accordingly on merits and documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

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