Filing of fir in during civil proceedings
Tripathi
(Querist) 04 October 2015
This query is : Resolved
Dear Sirs,
My neighbor who is a retired Police Official made illegal construction DDA flat. We filed a Civil Suit and the same was put forward to Lok Adalat as settlement and the Court directed the Municipal Corporation of Delhi (MCD) to demolish the illegal construction. MCD has done only partial demolition of the illegal construction.
In the Lok Adalat, the retired police official has given a written statement that he will allow the demolition and will not indulge in any unlawful act which will invite contempt of court proceedings.
However, when the Civil proceedings were going on, using his influence as retired police officer, he has filed an FIR with the local police station under section 354 (c), 354 (d), 508 & 509 against my husband alleging harassment to his wife.
The FIR has been lodged around two months before the Lok Adalat Settlement. We came to know about the filing of the FIR only through our resident welfare association since he made another complaint of similar nature about my husband with the RWA. The association called for an explanation and we had shown all the court documents and proved that he his filing complaint since his illegal construction is getting demolished. The RWA refused to entertain his complaint.
The strategy of the retired police official is to pressurize us that we should accept the partial demolition - otherwise the FIR can be activated. The colony has ten security cameras and my husband is a law abiding citizen and never indulge in any illegal or criminal acts.
The police did not visit us till date (more than two months) but the FIR is still exists. When we checked informally with the Police, they claim that there is no evidence against my husband and hence they did not visit us at all. But the FIR is not closed yet.
Now the question is :
1. When the proceedings were going on in the Civil Court, is it necessary for the defendent (retired police official) to convey the lodging of the FIR against my husband (Plaintiff)? He was hiding this info.
2.Filing of such false FIR when the proceedings are going on in a Civil court,will it not amount to Contempt of Court?
3. Can I file a contempt of court proceedings with the Civil Court which delivered the judgement through Lok Adalat against him?
4. Since he has given a written statement that he will not indulge in any unlawful act, whether the filing of false FIR can be treated as unlawful act to prevent the full demolition process?
5. Can the contempt of court petition be filed with the same Civil Court that has delivered the judgement or it has be filed only at High Court?
6. Since no evidence is available with the police, how the FIR can be closed?
7. Can I file a Criminal defemation against the retired police official since he has filed a false FIR and also ask for suitable compensation for tarnishing the image of my husband?
Apologize for the inconvenience caused.
Mrs.Gupta
Sudhir Kumar, Advocate
(Expert) 05 October 2015
1. When the proceedings were going on in the Civil Court, is it necessary for the defendent (retired police official) to convey the lodging of the FIR against my husband (Plaintiff)? He was hiding this info.
HOW OLD IS THE INSTANCE.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
2.Filing of such false FIR when the proceedings are going on in a Civil court,will it not amount to Contempt of Court?
NO. YOU FILED A CIVIL SUIT HE HAD A CRIMINAL GRIEVANCE AGAINST YOU WHICH ON PAPERS IS NOT CONNECTED WITH CIVIL SUIT.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
3. Can I file a contempt of court proceedings with the Civil Court which delivered the judgement through Lok Adalat against him?
NOT AT ALL AT THIS STAGE.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
4. Since he has given a written statement that he will not indulge in any unlawful act, whether the filing of false FIR can be treated as unlawful act to prevent the full demolition process?
BUT AT THIS STAGE HIS ACT IS NOT PROVED AS UNLAWFUL. LET FIR BE DROPPED AND HIS WIFE PROSECUTED FOR FALSE FIR AND THEN YOU CAN SEEK LEGAL OPINION ON THIS.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
5. Can the contempt of court petition be filed with the same Civil Court that has delivered the judgement or it has be filed only at High Court?
NOT RIPE TIME TO THINK
Sudhir Kumar, Advocate
(Expert) 05 October 2015
6. Since no evidence is available with the police, how the FIR can be closed?
FILE QUASH IN HIGH COURT. BRING ABOVE FACTS TO THE NOTICE OF HIGH COURT.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
7. Can I file a Criminal defemation against the retired police official since he has filed a false FIR and also ask for suitable compensation for tarnishing the image of my husband?
NOT YET.
P. Venu
(Expert) 05 October 2015
The Civil dispute and the FIR are lodged are separate and unconnected issues; each needs to be dealt on its owm merits.
On the matter settled in the Adalat, your husband can move an execution petition.
As regards to the FIR, it is not necessary that it should result in a criminal proceedings. You or your husband can obtain the FIR and related documents under FIR and address the SP of the District if the complaint is really motivated to ensure that proper investigation takes place in the matter.
Rajendra K Goyal
(Expert) 05 October 2015
1. Not necessary.
2. No.
3. How is it contempt of court? Criminal complaint is separate.
4. Filing FIR is no illegal act.
5. merits does not exist.
6. Quashing through High court.
7. Wait till the complaint is decided.
R.K Nanda
(Expert) 05 October 2015
query too long.
K.S.Srinivas
(Expert) 06 October 2015
Agreed with Sri Rajendra K Goyal.
T. Kalaiselvan, Advocate
(Expert) 11 October 2015
I agree with the views of experts on the subject query, nothing more to add.
Tripathi
(Querist) 12 October 2015
Most Respected Sirs,
Thanks a lot for your guidance and support.
To answer further questions raised by some of the learned Advocates:
1. The Civil Suit was going on since 2013 where as the FIR was lodged in July 2015, just one month before the settlement through the Lok Adalat.
3.Basically, he is blackmailing my husband by filing the FIR to accept the partial demolition by MCD. The major structure is yet to be demolished.
4. If this is not contempt of court, then in each and every Civil case can be filed with some kind of false FIR as a pressure tactics to withdraw the Civil cases.
5. Can we file a Criminal Defamation case against the false FIR?
with regards,
Mrs. Gupta
Anirudh
(Expert) 12 October 2015
By the same argument, then whenever in such cases FIR is filed, the defence will be filing defamation case.
Is it what you are saying.
There is no contempt whatsoever here. What court order has been violated by filing FIR?
If you see that there is pressure tactics, then do not budge. Show your nerve and stand up to the pressure.
If there is an FIR, wait for the action by the police and meet the FIR separately.
