• False complaints by woman

One lady in our housing society has filed cases with local police citing false accusations of threat, insult and harassment. She has a scandalous history and most people are aware of that. But I am worried about my reputation and career. What to do now?
Asked 8 years ago in Criminal Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

9 Answers

1) apply for and obtain bail

2) contest case on merits

3) wait for police investigations to be completed and charge sheet filed

4) then based on legal advice file for quashing of complaint

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

Meet the Police and give your version of the incident. Make the police aware about the nature and character of the lady as well. If possible visit police with witnesses also.

If FIR is still registered then one will have to take bail anyway and then contest the case on merit.

Devajyoti Barman
Advocate, Kolkata
23322 Answers
522 Consultations

If the lady has filed only a complaint, the police will call to the station to take your statement before they register an F.I.R, if after recording your statement the complaint is dropped based on false information provided by her then you need not worry too much.

Even after recording your statement if the police under her influence were too register the complaint, then you can file a quash petition in the High Court seeking quashing of the F.I.R filed against you.

No need to worry too much about your reputation or career, you have not committed any crime to be so worried.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

If lady has history of filing false cases wait for filing of charge sheet

If there is no substance in her allegations police will file closure report with magistrate

In the meantime apply for and obtain bail

Ajay Sethi
Advocate, Mumbai
97462 Answers
7880 Consultations

Obtain anticipatory bail, after which file a 482 quash petition in the High Court clearly stating the reasons behind this illegal motive of this woman to harass innocent law abiding citizen taking undue advantage of her gender. The court is bound to see through her complaint and grant relief to you and the others as well.

The law does not discriminate when it comes to false complaints, so therefore do not loose hope, take necessary steps and proceed against her.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

settlement with her is only an option to avoid such situation.

otherwise fight the case on merit and try to get acquittal and after acquittal file a criminal case against her before the court for malicious prosecution and also file a civil suit for recovery of damages and defamation.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

One lady in our housing society has filed cases with local police citing false accusations of threat, insult and harassment. She has a scandalous history and most people are aware of that. But I am worried about my reputation and career. What to do now?

Since she is popularly known for her villainous nature or activities, you may gather people to the police to give evidence agaisnt her and request police to warn her from indulging in such notorious activities against the neighbors. Failing which you may make a representation against her with the higher police officials.

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

I have seen the complaints registered and I can see that every accusation is either completely false or facts have been twisted. There is no way she can have even a single evidence to support her accusations unless she creates something artificially.

If such is the case then what is worrying you?you can very well challenge her false allegations during trial proceedings.

The last I heard was that she has engaged NCW for the matter, but am not aware of what was discussed with them. I understand from friends that she has a history of filing FIRs for the smallest of matters against her family and other known people, and also that she has engaged multiple lawyers all the while. She had even reached out to various central govt desks in support of women's issues in the past. Most of the issues were either tampered facts or a bundle of lies.

Gather evidences of the above incidences, advise your lawyer to drill her with questions related to her false nature or character by which she is trying to abuse the process of law for her wrongful gains, her case against you will be weakened and you can get it dismissed accordingly.

But given the status of protection of women in our laws, I am scared what might happen to me if she continues to escalate the matter. It's a big embarrassment and unnecessary rounds of police station and courts.

All are equal before law hence you may prepare to fight the legal battle properly in order to get rid of her.

What should I do to avoid such situations?

You cannot avoid her taking any such action, instead you better avoid her totally in future so that you dont get tagged into her false cases frequently. For the present you may obtain anticipatory bail and challenge her case in the trial court properly

T Kalaiselvan
Advocate, Vellore
87657 Answers
2353 Consultations

1. If the FIR has been filed against you then obtain bail and then move the High Court for the quashing of the FIR. You can file a counter complaint against her for defamation to punish her for the loss which has occasioned to your reputation as a result of the false allegations.

2. Furthermore, a petition for protection may be filed in the HC to seek directions to the police to not to harass you if she files further complaints against you.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer