• False complaint against Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act

I'm a senior citizen. My husband (senior citizen) has been harassing me incessantly, so I had to file a Domestic Violence case against him. Upon his assurance to let me lead a peaceful life, the complaint was later compromised.
But he continues to harass me. Now, he is trying to lodge a false complaint against me saying that my daughter and I passed derogatory castiest remarks (We never passed such comments) against our domestic help. He has an illicit affair with the domestic help. They are harassing me together.
I have the following questions in the above mentioned scenario:

1. If such a false complaint is lodged in the police station, will they file an fir against me and my family members ?
2. We are planning to apply for Permanent Residence in UK. Will this adversely affect in anyway?
3. My son who is already a Permanent Resident is planning to travel to India. If an fir is filed against him, will it cause any issue for him to travel back?
Asked 1 year ago in Criminal Law
Religion: Hindu

9 answers received in 1 day.

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11 Answers

FIR can be filed against you on basis of complaint of domestic help 

 

2) it would affect your chances of obtaining permanent residency in UK 

 

3) if FIR is lodged against your son he has to apply for and obtain anticipatory bail from sessions court 

 

4) he can go abroad with court permission 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Respected mam

  1. FIR is not such easy that can be filled without any base or prima facia evidence so you are safe don't worry.
  2. Not at all.
  3. If FIR is lodged he will only have to apply for bail in Hon'ble court of law that will not impact on his travel 

Thank you 

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

1. Yes there can be an FIR

2. Only after court takes cognisance of case after charge sheet filing

3. No

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

1. It is not an automatic FIR on such vague and baseless complaint.

If at all they lodge any complaint you may defend yourself stating that the man behind this false complaint is your husband who is having an illegal affair with her and due to vendetta for filing DV case against him, he is resorting to such cheap tactics in order to put pressure on you and ruin you life. 

2. Better not to reveal your plans to apply for PR, because he may cause continuous hindrance to harass stop you from taking this PR.

If there is a criminal case pending against you the it may affect the police clearance certificate which is a vital certificate/information for grant of PR. 

3. He has to exercise abundant caution while travelling to India by not indulging himself in the ongoing disputes in order to have a safe return to his country of residence.

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. No FIR can be filed without thoroughly investigating a complaint and establishing a prima facie case against the accused. 

2. A mere complaint will not prejudice your case.

3. No, unless there is a court order restraining him from returning to the UK or impounding his passport.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

1. Possibly yes.

2. Yes.

3. Yes.

Better get away from him.

G.RAJAGANAPATHY 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Dear client, 

1. Yes, a case may be filed against you if such a complaint is lodged in the police station and it is see to contain some weight in terms of legitimacy

2. If a case exists against you, it may cause some trouble. You need to declare all convictions and police cautions on your application to UK Visas and Immigration (UKVI)

3. Your son can still travel back to India with an FIR against him. Once he is back in India, action may be taken against him but there will be no issue with regard to him travelling 

Thank you. 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

  1. Any complaint under SCST Act is first investigated by senior police officer at DY. S.P level only if an offence is made FIR is filed. As there is background of domestic violence complaint, FIR is unlikely to be filed.
  2. Only in the event of FIR police clearance will be held back.
  3. As he is not in India, no FIR can be filed against him. Even if it filed it can be quashed.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Tge veracity of the complaint is checked by the police before lodging an fir. You should talk to the police beforehand and tell them the whole situation.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

1. Without a mediation between the parties , no FIR can be lodged against you. 

2. No, 

3. If an FIR lodged against you and son , then you both will have to take anticipatory bail from the session court , and after getting the bail he can travel abroad. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hi there, 

With all sympathy with you, let me directly answer your queries. 

 

1) 

Answer: Yes, Police can file FIR if they believe the version of complainant but in SC/ST cases, it is not always easy to file a FIR as police also have to follow certain legal norms before filing FIR in SC/ST case. 

 

2) 

Ans: You can go ahead with your planning as even in the worst scenario if FIR is filed you can go ahead and try to get FIR Quashed from Hon'ble High Court. 

 

3) In case, FIR gets registered and your son's name also reflects in it then he would have to take anticipatory bail & he can go back to UK after taking court permission. 

 

I have given answers very shortly. If you want to discuss it in detail the please contact me. 

 

Regards,

Adv. Aftab Patel

High Court

Aurangabad.(Maharashtra)

Eight six six eight three five seven nine nine one

Aftab Patel
Advocate, Aurangabad
23 Answers

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