My daughter in law filed an FIR against me and my son u/s 498A and 406 in 2007 which is still pending at HC for quashing….she accused both of us in that FIR u/s 406 that her jewellery is lying in our custody and we are holding back her NSC Certificate of Rs 2 lacs …latter she deposed in Mat Suit that her jewellery is in Joint Bank Locker with her husband and she freezed that locker before filing the FIR and she didn’t disclose that in FIR and moreover she filed three nos petitions to court after FIR stating that her NSC of Rs 1 lac is with her husband whereas she accused both of us in the FIR for holding back NSC of Rs 2 lacs …under this circumstance can I file a criminal defamation case against her at this stage for the above said false allegations in the FIR which she contradicted herself latter ….not only that she is harassing us for last 15 years as she filed case against my son under DV act which she did not proceed latter and got dismissed and filed above mentioned Mat Suit and withdrew that when her deposition was going on ….we want to give her a threat as well as heat of a criminal case as she is a Govt employee …please advise such that the ongoing case which we are defending should not get hampered …
- You can move an application before the court in her Mat case under section 340 CRPC on the ground of deposing falsely before the court and to file a wrong affidavit with the petition .
- The court may proceed for lodging an FIR against her for the same.
- However, before quashing the FIR , you cannot file a criminal defamation case against her.
The false case filed by police on her complaint would not attract the ingredients for defamation case.
If she has filed any false case on her own and has been proved false then you can file a defamation case after issuing a legal notice to her seeking apology and compensation.
By getting the FIR quashed, the case cannot be proved as false besides the case was filed by police hence only the police is liable for the consequences for malicious prosecution.
You can only file a case on her said facts countering the said allegations and defamation against her after conclusion of the cases filed against you.
You can file defamation case under section 500 of IPC
2) also application for perjury under section 340 of crpc for making false statement on oath
1. Yes, you can file the Criminal Defamation Case against your daughter in law based on the ground mentioned in your query.
2. Moreover, you can also file a criminal case against your daughter in law u/s211 of IPC for her lodging/filing false complaint/case against you for the purpose of causing damage to you.
Dear client,
In India, a criminal defamation case can be filed against a person who has made false and defamatory statements against another person. Defamation is an act of harming the reputation of another person by making false statements. However, the law also requires that the person making the statement should have done so with the intention of harming the reputation of the other person. Therefore, if you can prove that your daughter-in-law made false statements against you and your son with the intention of harming your reputation, you may have grounds for filing a criminal defamation case against her.
However, before taking any legal action, it is important to consult with a qualified lawyer who can advise you on the specific facts of your case and the legal options available to you. Additionally, it is also important to consider the potential consequences of filing a criminal case, such as the impact it may have on the ongoing case that you are defending.
Therefore, it is advisable to consult with a lawyer who can advise you on the best course of action based on the specific facts of your case.
