My maternal auntie has lodged a general diary against my mother as well as her siblings in 2019 and we came to know about this GD last month. My auntie has filed a complaint based on lies and her sole intention is to create harassment for all her in-laws. Since the very beginning of her marriage with my uncle, she has been very abusive about all her in laws. She is now 65+ years old. My maternal uncle is bed ridden, who is 70+, and auntie is taking undue advantage of his situation. We are in a dilemma about what should be done to avoid any unnecessary legal trouble.
1. Legal action becomes necessary to avoid trouble and it is not a trouble inn itself if followed properly.
2. Audio/Video record all the acts and conversations of the said lady to be produced as evidence of her harassing you.
3. Thereafter lodge a GD against her seeking protection from police against her such harassment.
4. It will protect you to some extent against her false allegations/complaints labelled/lodged against you in fiture.
Record her threats
file police complaint against her for acts endangering peace under section 504 of IPC
You need to contest the same. If it's false complaint and any FIR is lodged you can go for quashing in HC
The general diary before a police station itself is not a criminal case.
A general diary (GD) entry or a daily diary entry is made when any kind of complaint is lodged and the police enter the details in their records.
Thereafter, if the police believe that there is some prima facie evidence of a cognizable offense being committed, it is registered as an FIR.
The general diary entry is an internal police record, while in the case of FIR or non-cognizable report, a copy of these will be provided to the complainant.
Since there is no FIR registered against you so far, you need not worry about the police action about it until you are notified about it by the police
- When any compliant is received by the police official , then the police record the same in register , and which is known as GD , and hence it is not an FIR .
- Only in the serious nature of complaints this GD turns into FIR
- However, if she is creating trouble for each , then you mother can also file a complaint against her harassment before the police after giving full details of her acts and threatening.
Dear Client,
In such a case, the accused is liable to be withheld under Section 509 of the Indian Penal Code, 1860, Section 504 of the Indian Penal Code, and Section 3 of the Protection of Women from Domestic Violence Act, 2005.
Therefore, we can suggest you to file a complaint against her at your nearest police station and thereby, protect your mother and relatives from any unforeseen and unnecessary legal trouble.
Thank you.
