• False case

There is a fight in locality with a club name x and a neighbour over music played around 9:50 pm ....The husband of that neighbour family came in club premises after consuming alcohol and starting using slung language and tried to destroyed out sound system ..after that some members said pushed him and said go home we will turn down music ..he didn't listen and then there is a scuffle between them and the son and wife of that neighbour came with iron road tried to hit us ...but we restraint them and some minor fight happen and no one hurt ...not even a simple scratch or bleeding.....then that neighbour family went to police station to file Fir but police write only gd and said settle the matter be and police asked the local reputed persons and they said that club guys are good people and neighbour family provoked them .....now that neighbour family file a complaint in DLSA and DLSA sent notice for amicable settlement to some members .....What to do now and If that family try to file case then what are the steps to taken ...note to remember that family complaint against only SC community members of that club not any relative of that neighbour family who also are members of that club
Asked 25 days ago in Criminal Law
Religion: Hindu

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16 Answers

From your description, the incident was a brief scuffle caused by your neighbour’s intoxicated and aggressive behaviour. The police recorded only a General Diary (GD) entry, not an FIR, and local witnesses confirmed that your club members were not at fault. Now the neighbour’s family has approached the District Legal Services Authority (DLSA), and you have received a notice for amicable settlement, particularly naming SC community members of your club.

You should handle this situation calmly and lawfully. DLSA is not a criminal court; it simply facilitates mediation to settle disputes. Attending the DLSA session does not mean you admit guilt — it actually shows your willingness to maintain peace and resolve issues without conflict. It is advisable to attend the meeting, present your version politely, and clarify that the neighbour provoked the situation by entering the club premises under the influence of alcohol, using abusive language, and attempting to damage property. You can explain that you only restrained him to prevent harm, that no one was injured, and that the police had already recorded the matter as minor and non-cognizable. Emphasize that you want to maintain peace and good relations in the area.

Do not admit to any wrongdoing or sign any document that suggests you accept blame. Simply express that you wish to avoid future confrontation and agree to maintain peace.

If the neighbour’s family tries to file a criminal case later, there is a possibility they may misuse provisions of the SC/ST (Prevention of Atrocities) Act or common IPC sections such as 323, 504, 506, or 427. You are well-protected by the facts: the police already noted no serious offence, there were no injuries, and witnesses have confirmed that the incident was provoked by the neighbour’s misconduct.

Keep a copy of the GD entry from the police station, and collect statements or written confirmations from witnesses who saw what happened. If available, preserve CCTV footage, photographs, or any other evidence showing that no violence occurred and that the neighbour trespassed or initiated the conflict.

If the other side files a false case, immediately apply for anticipatory bail, particularly if they allege caste-based offences. You can also file a counter-complaint for criminal trespass, use of abusive language, and mischief. Later, once proven false, you may even file a complaint for false accusation under Sections 182 or 211 IPC. If you sense misuse of the caste law, you can also submit a representation to the Deputy Superintendent of Police (SC/ST Cell) explaining the false nature of the complaint.

It would be wise to attend the DLSA mediation session with a polite and cooperative attitude, take a copy of the GD and any witness statements, and avoid signing any admission or compromise that appears one-sided. You may agree to maintain peace but not accept fault. Install CCTV if not already done and keep records of all future interactions in case the issue escalates.

Although the neighbour has targeted only SC members of your club, that in itself can indicate malicious intent and can be used in your defence if the matter is taken further.

To summarise, attend DLSA mediation in good faith, remain calm and respectful, deny any wrongdoing, and show that the police already verified the incident as minor. Keep your evidence ready and contact a lawyer to be on standby in case of false allegations later. You have a strong position, and as long as you stay factual and measured, the case will not sustain beyond this level.

If you wish, I can prepare a short written statement for you to present at the DLSA session and a draft counter-complaint to keep ready should they attempt to escalate the issue.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

In the event any FIR is filed apply for and obtain bail 

 

contest false case on merits 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

 

Settlement would not affect your future 

 

tender an unconditional apology 

 

if no settlement possible then contest the case 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

1. If you sign a settlement, can they still go to court later?

If a written settlement is recorded before the DLSA and signed by both sides, it is treated as a lawful compromise under the Legal Services Authorities Act, 1987. Once the settlement is signed and attested by the DLSA, it becomes final and binding. The matter cannot be reopened later on the same facts.

However, this protection applies only if the settlement terms clearly state that both parties have resolved the dispute fully and will not take any further legal action regarding this incident. Therefore, if you decide to sign, insist that the settlement includes this exact clause in writing. This will legally bar them from filing another complaint or case in future on the same incident.

If the settlement is vague or one-sided, or if it only records that “parties have agreed to maintain peace” without a clear clause of “no further legal action,” they could technically file another case later. So the wording is crucial — always have your lawyer review it before signing.

2. If they demand an apology, should you give it?

An apology is not mandatory. It’s entirely voluntary and has no legal effect unless you make a formal admission of guilt, which you should never do.

If an apology is requested purely as a social gesture to end tension, you may consider a neutral, non-admitting statement such as:

“We regret that an unnecessary misunderstanding took place. We wish to maintain peace and harmony in the neighbourhood.”

This is a courtesy apology, not a legal admission, and it cannot be used against you later. Avoid wording like “we admit our mistake,” “we were wrong,” or “we apologise for assaulting,” etc. Those phrases could be twisted into evidence of guilt in a later proceeding.

If your family is opposed to any apology, it’s perfectly fine to refuse. You can tell the DLSA mediator that there was mutual misunderstanding and both sides were provoked, so there’s nothing to apologise for — only a wish to maintain good relations.

3. If you want to settle but they refuse, what happens then?

If you express willingness to resolve the issue peacefully but the neighbour refuses, the DLSA will record that “settlement could not be arrived at.” The matter then closes at the DLSA stage. It does not create any liability or penalty for you.

If they later try to file a criminal case, your participation in the DLSA proceedings will actually help you. It will show the police and court that you acted in good faith, tried to settle, and the other side remained unreasonable. This strengthens your defence in any future litigation.

In summary:

  • You can safely attend the DLSA meeting, but only sign a settlement if it includes a written clause that both parties will not take any further legal action.

  • Do not sign or say anything that admits guilt or wrongdoing.

  • If they insist on an apology, you can give a neutral, “peace-based” statement or politely decline.

  • If settlement fails, you lose nothing; it only proves your good faith.

You and the club members have a strong position, especially since the police already confirmed no injuries, recorded only a GD, and local witnesses supported your version.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

The DLSA primarily focuses on amicable settlements through conciliation and mediation, often referring matters to Lok Adalats or Permanent Lok Adalats. They will try to mediate the dispute between the neighbor and the club members to reach a mutually agreeable solution.Since the police did not act, the DLSA legal aid lawyer will likely guide the complainant on the next legal step, which is often filing a private complaint with the jurisdictional Magistrate under Section 156(3) of the Criminal Procedure Code to direct the police to register an FIR and investigate the matter. You may provide all requested information and documents to the DLSA and their assigned lawyer.Be available for any mediation sessions, court appearances, or meetings as required.Avoid any further direct confrontation or communication with the individuals involved in the brawl to prevent escalation.The DLSA acts as a facilitator for access to justice and can help ensure the matter is properly pursued through the legal system, especially when initial police action was lacking. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

If you sign any settlement agreement you can keep the copy duly notarised and can produce it as evidence to protect your interests  in case they still proceed to court of law with any case in this regard. 

Apologising yourself will solve the issues without being escalated any further.

 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

They need to pursue a case in court not before DLSA

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

1. The main functions of the District Legal Service Authority (DLSA) or the activities engaged by DLSA are as follows: To provides free and competent legal aid in the nature of counselling and legal advice, as well as free legal services in the conduct of cases before Courts and Tribunals. 

2. Has DLSA fixed any date for the said amicable settlement? May be it is just a formality of DLSA to be maintained since the family has lodged the complaint.

3. You can visit DLSA office and apprise them the fact that there is no dispute as such and the neighbour's  husband and acted illegally being influenced by alcohol.

4. It got to be a criminal case for which the Police shall have to register FIR which has not been done. If they file any application before the Magistrate to direct the Police to register FIR after conducting enquiry then you shall be informed by the police to act appropriately at that time. 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

1. It is not clear who will bring the settlement document to you.

 

2. However, I am not in favour of any settlement since as per you there was no dispute from your side and it was just an one sided affair from the neighbour's side.

Krishna Kishore Ganguly
Advocate, Kolkata
27690 Answers
726 Consultations

1. Making settlement before the DLSA will not cause any problem to you.  

2. Do make a compromise . 

3. get an understanding in writing from them on this issue so that this does not repeat again.

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

Right now, you’re in a safe legal zone — no FIR, no injury, DLSA involvement means the matter is still civil in tone.

Handle this calmly, without ego. The neighbour’s bias or caste-based prejudice should not provoke you into reaction — the law will favour your restraint.

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

  • DO: Hire a specialized lawyer immediately.

  • DO: Document everything - names of witnesses, sequence of events, the fact that only SC members were named.

  • DO: Consider a pre-emptive FIR alleging misuse of the SC/ST Act and other IPC offences.

  • DON'T: Settle hastily through DLSA without legal advice.

  • DON'T: Underestimate the situation. This is an attempt to use your caste against you.

  • DON'T: Have any direct communication with the complainant family.

The key is to act swiftly and strategically. Your position is strong because the act of selective complaint itself is a powerful weapon in your hands.

Lalit Saxena
Advocate, Sonbhadra
81 Answers

1. If I sign any settlement, will it affect in future or can they further go to court for the same?

Yes, a poorly drafted settlement can seriously harm you in the future, and in some cases, they may still be able to pursue the matter.

Do not sign anything presented by the other party or even by the DLSA mediator without your lawyer's thorough review. A bad settlement is worse than no settlement.

2. If they want an apology, should we do that? Although our families are against that apology.

Listen to your families. Do NOT apologize.

What you can say instead (through your lawyer): "We are always in favor of maintaining peace and good neighborly relations. However, we cannot apologize for an offence we did not commit. The record of the event clearly shows who the aggressors were."

3. And if we want to close the settlement and they do not want, what will happen?

Nothing bad happens to you. The DLSA mediation will simply fail, and the matter will end there for now. The ball will then be in their court to try a harder step.

Do not see the DLSA notice as a problem. See it as an opportunity. It is a formal platform where you can, through your lawyer, officially record your side of the story and the fact that you are being targeted based on your caste.

Your immediate goal is not to settle with them; your goal is to build a legal defense shield. This shield is built by:

  1. Not apologizing.

  2. Not signing a bad settlement.

  3. Actively filing counter-complaints that highlight their misuse of the law.

Stay firm. You are in the right legally and morally. Now you must act strategically to prove it. Consult a lawyer specializing in the SC/ST Act this week.

Lalit Saxena
Advocate, Sonbhadra
81 Answers

  • Signing settlement at DLSA shows willingness for peaceful resolution but does not fully prevent future court cases.

  • Apologizing may help end the matter quickly but is your choice; it can be used as evidence if needed later.

  • If settlement fails and neighbour files a case, be prepared to defend with facts like provocation and no injury.

  • Keep all records including GD, witness info, and settlement documents for protection.

  • Focus on facts, avoid unnecessary admission, and consider legal help if case proceeds.

This balances peace with legal caution.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

1. DLSA is for the settlement of the dispute , hence you can settle the dispute there 

- Further, it will have no affect your future , however if there will be an FIR lodged by him then it may create problem for you.

2. Yes, better settle the dispute 

3. Nothing will happen 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

Dear Client, since the police have already made only a GD entry and not an FIR, the matter is still at a very low level and there is no criminal case yet. The DLSA notice is only for amicable settlement and not for punishment, so you can safely attend, explain that the neighbour was drunk, provoked the fight, entered your club illegally, and that no one was injured. If you do not wish to compromise, you may simply inform the DLSA panel that the matter is already with the police and you acted only in self-defence. If the neighbour later tries to file an FIR—especially only against SC members—you should immediately (1) give a written complaint to the police narrating the true incident with witness names and CCTV if any, (2) file a counter-complaint for trespass, provocation, and attempt to assault, and (3) if any false SC/ST allegations are made, apply for anticipatory bail and produce evidence that the fight had no caste angle and that other club members of their own caste were also present. With the GD, witnesses, and the neighbour’s provocation, your defence is strong. You have nothing to worry as long as you respond formally and maintain written records. I hope this answer helps. For any more queries, do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

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