Hello People some suggestions needed. Incident Happen on 16 December 2016 7 PM My wife was coming back from Office in Noida and on a very busy street near metro hospital someone came in front of her car with bike and suddenly she had to apply brake from behind one rikshaw puller was coming and on that 4 people were sitting, since rikshaw didn't had power brake in process of saving himself from hitting into my car his Rikshaw overturned and hit my wife's car. One person sitting on the Rikshaw jumped and in the process of saving himself his right foot little finger got bruised, out of curiosity my wife got down from her car to check everyone was ok since she applied brakes suddenly. The person said just to check can she drop me to hospital and she agreed thinking she is helping someone. Post reaching the hospital they started shouting on her telling hospital authorities that she has hit them since she was 6 months pregnant at that time and got afraid she called me. I came to the location and said to the family I will pay their expenses as they have created a scene there. I paid the amount of 5000 of the hospital charges ( including x-ray, Doc fees and Kacha plaster as his ankle twisted) everything got finished there and came back home To my surprise i got a call from Police station on September 20, 2017 stating that a FIR has been logged against my wife on September 18, 2017 from Court and i need to report with my wife at police station. They told me the person to whom my wife helped has filed a FIR against her stating she has not given the expenditure of fractured leg and a whole false story was mentioned in FIR for which i have attached a copy too. luckily i had copy of all the expenses i paid on that day, Doctors Report and X- Ray report in which it is clearly mentioned no Fractured Leg. Now Police says they are asking compensation and my point is why should i pay for a false FIR and to a person who is a imposter. I have also submitted a copy of all the expenses i paid on that day, Xray report and Doctor report for that day to the police people. Please advise.
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1) once FIR is filed police would issue your wife notice to record her statement
2)she should deny all allegations and apply for bail
3) deny that she was driving car rashly and negligently
4) burden of proof is upon prosecution to prove that your wife was driving car rashly and negligently
ok and is court proceding necessary or submitting the proof to police will do, as i have all the documents (bill receipt, x-ray and report) which clearly state nothing happened to that person on that day.... if i submit all the proof to police, then they will make a chargesheet or Final report?.... Let me know so that i can plan my move accordingly
once FIR is filed police will conduct investigations and submit a charge sheet or closure report
2) if police find it is a false case it would file closure report
3) your wife has to apply for bail after filing of FIR
Give copy of docs to police
Try to argue on charge
Try to get discharged at that stage
The first step would be that, you record your wife's statement with the police authorities regarding the entire incident. Pls also record your statement in support of her and submit attested copies ( not originals) of all the documents which speak in your favour.
I do not think that, the police has registered FIR Yet. Still, if it is FIR, the police will either submit closure report (A/B/C summary) or may file charge sheet if they come to conclusion that, your wife has done a cognisable offence. your wife will be required to take bail from court and to file discharge application. If she is not discharged, she has to face trial and prove innocence.
Pls try to convince police that your wife is innocent, if the FIR is yet to be registered.
If you submit the prove to the police and police deems fir that there is no offence as illustrated in the FIR then the police will proceed and file Final Report.
Alternatively if you want you can file a case for getting the FIR quashed u/a 226 of the constitution of India in the HC.
Regards
Hello friend, since the FIR has been lodged , now the first thing to do is to appear and take regular bail from court .. Taking bail will not be a problem and will be allowed as it is a bailable offence.. Now to get over the case is to make a settlement with the complainant outside the court , with the guidance of you lawyer , after compromise he will change his statement before court during evidence , and the case will be disposed off .. Nothing to worry
You've a good case on merit and the police should file a final report in this FIR, provided you provide them with all the evidences, dislodging the case of the complainant.
Alternatively, you can also enter into a compromise and get these offences compounded.
Now Police says they are asking compensation and my point is why should i pay for a false FIR and to a person who is a imposter. I have also submitted a copy of all the expenses i paid on that day, Xray report and Doctor report for that day to the police people.
Dont pay any money to police, yo can challenge the case in the court, first let she get enlarged on bail.
Let the victim approach MACT for compensation if your insurance was in force at the time of this accident.
k and is court proceding necessary or submitting the proof to police will do, as i have all the documents (bill receipt, x-ray and report) which clearly state nothing happened to that person on that day....
if i submit all the proof to police, then they will make a chargesheet or Final report?....
These evidences need not be submitted to police but can be produced before the trial court during trial proceedings to defend yourself.