False FIR registered by neighbor lady about beating her
My neighbor lady had an argument with my father last month publicly regarding some small issue of throwing garbage in front of our house. After which she hired someone to beat her privately and later went to police and lodged false FIR against my family members accusing them of beating her.
My father went to police station and was released on bail, police did not investigate anything and sent the case to court. Since then that neighbor is harassing my family and giving threats of harming my family members, because of that my father had to give application to police to warn the neighbor stop the threats.
That neighbor belongs to Lower cast community and hence trying to provoke our family on daily basis by abusing them using bad words.
We belong to a respected family and want to handle case in a full legal way and hence i want your help about how to present our case in court strongly.
Could you please give some advice what kind of proofs we should collect to make case strong and what kind of actions can be taken against false FIR.
All of the other neighbors are in our favor since a lot of them knows our family very well so i hope we can use their statements.
We belong to financially strong family so we are not concerned about expenses much but since we have never faced any kind of police or legal situations so we want to take the best approach possible.
Asked 2 years ago in Civil Law from Gwalior, Madhya Pradesh
Wait and watch till the filing of charge sheet and at the time of argument on charge, strongly argue on charge and try to get discharge and after that file a criminal complaint against her before criminal court for false prosecution.
You may contact over the phone after pay the consultation fee which is very nominal.
Advocate, New Delhi
The best way to secure evidence is to capture the incidences in video with the knowledge of the quarrelling neighbor too, tell them that you have recorded all the incidences and if you repeat the incidences, the video recordings will be submitted to police or court with a complaint for proper legal action, this will instill fear in them and they may avoid more such events after that, but if hey do not stop their hostile activities despite that, you may approach the local police with the complaint properly. You may rope in other neighbors as witnesses to the event in your complaint.
1) your family should install cctv cameras around the house
2) record the threats received from the neighbour
3) on basis of recorded threats lodge police complaint of criminal intimidation under section 506 of IPC
4) as far as existing case filed by neighbour is concerned contest case filed by her on merits
5) the allegations made in FIR have to be perused to advice further
1. Your father can enter defence to contest the case of this lady.
2. One who files the case has to prove it in the court. The mere statement of this lady cannot be accepted.
3. If the neighbours are in your favour their statement can turn the table one way or another.