• 420 case filed against us

My father purchased a plot on his name in 1998. He died in 2000. We are four legal heirs of my father: my grandmother, my mother, me and my younger sister. Our grandmother is living with her elder son(our uncle) from very beginning. Our grandmother and uncle are not having good terms with us. Grandmother also transferred her share of property on uncle's name leaving us behind.

In 2015 we did a mistake. My mother needed money for our higher education. So she sold that piece of plot stating that her mother in law is not alive.( She signed this statement in Intkal as advised by some property dealer). Me, my mother and my sister signed at time of transfer of sale deed that we have received money in three equal shares.

Now from some sources my Uncle and grandmother came to know about this matter. They have threatened for filing 420 case against us or they want compromise on basis of re division of our ancestral land. (They feel like our share has better market value. Actually it was a barren agricultural land given to us after our father's death. But now its market value is more than their productive land.)

My mother does not want to compromise on the basis of redivision of land. She is only willing to give grandmother's 1/4th share of plots. This offer has been declined by them.

Kindly guide what will be the implications on us if they file criminal proceedings
1) Will we be arrested? It is bailable or non bailable offence?
2) Me and my mother are government officials. Can we be suspended from our jobs?
3) My sister is in Canada with study Visa. Will she be called back by embassy?
4) I have applied Canadian PR. Can my application/Visa be rejected on this behalf?
5) I am ready to compromise on their terms in order safeguard myself and my family. Is it a bad decision?
6) My mother feels this case can be contested easily as now we are willing to pay back her share in plot. Does it will save us?
Asked 9 days ago in Criminal Law from Bathinda, Punjab
Religion: Sikh

1) Section 420 is a non-bailable offence but if you have some good grounds in your defense, you will surely get the bail.

 

2) No, Service and Your ancestral property transactions nothing to do with it, so don't mix it up

 

3) No, you can take POA to attend all legal matters on behalf of her.

 

4) If FIR is raised against you otherwise not

 

5) Whatsoever your mother has taken decision that is right to compromise for 1/4th share, if that property is your father self earned than don't worry at all.

 

6) Instead of giving share in plot ask your grandmother to take money which you have received in the selling year.

 

There are so many options related to your case and turn your case in your favor without going to court.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

1) it is non bailable offence 

 

2) you can apply for and obtain Anticipatory bail from sessions court 

 

3) if you are detained in jail for more than 48 hours you can be suspended 

 

4) if FIR is filed against you then your visa application would be rejected 

 

5) amicable settlement is best option 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

1. You may be arrested cheating and fraud is non bailable.

2  If convicted yes termination from job.

3. Passport can be impounded if she fails to appear in court and is convicted.

4.In police verification this can create issue if FIR filled.

5. See you can negotiate and compromise and also ask Uncle to sign confirmation and retification of earlier deed.

6  See offence is committed even you are ready to pay there is documentary evidence with them. 

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

1. If you have cheated them by selling their share of land then on revelation of the crime you may compensate them if you wish to avoid getting arrested. If not then unless you get bail you can be arrested.

2. Yes if you remain behind bars for more than 48 hours.

3. No but unless she takes bail LOC may be issued in her name.

4. Yes of FIR is registered.

5. Yes. This is your only option. So forget whether it is bad or good.

6. No. 

Devajyoti Barman
Advocate, Kolkata
16485 Answers
231 Consultations

5.0 on 5.0

If FIR is filed you can take Anticipatory bail you will not be arrested. 

No they will not be suspended on filing of FIR. 

No she will not be called. 

No visa application will not be rejected. 

Compromise is good but depends on genuine terms. 

If you ready to pay no case is made out

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

1. non bailable offence

2.There should not be any problem since you are only an accused. If the trial is complete and if you are convicted, then you may lose the job.you can apply for anticipatory bail. 

3. No police Maybe issue warrant

4.if FIR registered then your visa application would be rejected

5. good decision, settle dispute amicably through elder of family members. 

 

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

The act done by you was not a mistake, it's a BLUNDER,

1. You all may be arrested, offences are non bailable, if FIR got registered, try to get anticipatory bail

2. Yes, once arrested, concerned department may suspend, but if got AB, no suspension

3. Investigation agency can call her

4. Application will be affected, if FIR got lodged

5. Yes, it's a bad decision but other options might become worst

6. The case can be defended but not easily,

You are advised to settle the matter amicably but do not forget to involve a reputed  lawyer while defending or compromising the matter, to vanish the fear of criminal litigation for always.

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

1. yes all those who has signed the declaration may be arrested and this is non bailable offence and you have to apply for the bed from the court

2. Yes if you are punished in this case then you will be suspended from the job and internal enquiry will be put up.

3 increase your sister is required by the police to be arrested then definitely it is going to create problem in her studies and she will have to come to the court

4. You have to provide complete detail of your case to Canadian authorities before your period is complete off course this will dent in your visa process.

5. It will be a good idea if you can make the compromise because in case this FIR is registered then it will create lot of problem for you your mother and particularly your sister who is this studying in Canada.

6.  it is not very easy to prove that your grandmother is dead the only thing that you can prove that you are not aware of of your grandmother whether she is alive because after a long time you don't have any contact and  the where about of your grandmother.

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

Dear client 

It is possible that you can be arrested but possibility is very low but section 420 IPC is a non bailable offence but generally judge give bail on appearance. 

No you an your mother can't be suspended merely on basis of allegations 

Your sister will be summoned by court but it's not possible that she will be called back to India via embassy. 

Yes you visa can be rejected on basis of criminal complaint on you. 

It can be a bad decision on compromising on their term as they can demand more after compromising.

Your mother is absolutely right as it is a very good case for contesting. 

 

Mohit Kapoor
Advocate, Rohtak
556 Answers

5.0 on 5.0

1. It is a non bailable offence,  if anticipatory bail is not taken the police after registering FIR may process arrest. 

2. If you both are remanded for more than 48 hours then your office may initiate action as per law. 

3. No.

4. The police verification report may adversely impact the process. 

5. You may have to do that to protect your interests. 

6. This is a criminal case,  hence once you admit the charges leveled against you then the court may sentence you with punishment comprising imprisonment also. 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

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