Filing false case against brother and his father (Criminal Law)

This query is : Resolved

Author : Raman

PRO CHAT CALL

Posted On 13 June 2012 at 20:03

Sir,
There was some matrimonial dispute between the my cousin and his wife and his wife has file the false police case against him u/s 498-A.Thereafter his father has filed the case against his younger brother and his old age father( and both of them are innocent). Kindly inform whether his younger brother can file the case for defamation against girl's father. If yes, when and what stage he can institute the same?

Expert : Adv. Bharat Chugh

PRO CHAT CALL

Posted On 13 June 2012 at 21:00

If I understand you correctly - the girls father institutes a case against the boy's father and brother - It is futile to put a case against them for defamation unless the truth or falsity of facts stands proved, once they are exonerated (either quashed/discharged or acquitted) they can sue for defamation and a lot of other sections.

Expert : Devajyoti Barman

PRO CHAT CALL

Posted On 13 June 2012 at 21:01

Filing a case even if based on false facts does not amount to defamation.

Expert : ajay sethi

PRO CHAT CALL

Posted On 13 June 2012 at 22:13

no defamation case is made out. fight case on merits . wait for acquital . then if you so desire file case for necessary reliefs

Expert : Kiran Kumar

PRO CHAT CALL

Posted On 13 June 2012 at 22:18

let the case be contested on merits....and if subsequently the things are proved to the contrary then you may ask for compensation for malacious prosecution.

not every such act amounts to defamation.

Expert : R.K Nanda

PRO CHAT CALL

Posted On 13 June 2012 at 23:46

Agree with experts.

Expert : SHIV KUMAR GUPTA

PRO CHAT CALL

Posted On 14 June 2012 at 11:27

pl contact me
s.k.gupta
9034023576

Expert : Shonee Kapoor

PRO CHAT CALL

Posted On 16 June 2012 at 16:27

Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Expert : Sudhir Kumar

PRO CHAT CALL

Posted On 17 August 2012 at 20:54

Querist should not expect a reply on a qury where he does not even disclose what case is filed on father and brother whether civil or criminal and what are the allegations.

Prima-facie one can file case against anyone against whom he has a greivance.