Ankit Patel (businessman) 29 April 2016

False fir of assault

Dear sir,
i filled a divorce case & my wife also filled that she want to stay with me. my cross examination overed (it was good). now on her turn she is not coming in court since last 3 hearing n didnt submitting her witness if any. Mean while she fought a Parshad election n lost, where for getting a noc she maintioned in a application her self as Kumari. on Last 25 Apr hearing me n my father went to court n handovered last 10 month 70000 maintenance to her lawyer n also produced this document for adding this in our divorce petition. after that she came to court for collecting money we were also there. than around 1pm father went to home n i went to railway station.
now we come to know that she n her father filled a false fir of assaulting (under political influence) with false mlc n fake witness also that on that day at 1,30 we assault them. now we have to apply bail.
she was doing this bcz she know she is loosing this case, n for high demand of money she is doing so.
my q is now what should i do... one was saying instead of bail take stay on fir from high court.

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3 Replies

Democratic Indian (n/a) 30 April 2016

The most important thing is to sit with an experienced and prudent advocate who knows how to demolish these kind of false cases to produce results. Tell him facts of the matter in detail and the evidence, eye witnesses you have with you to prove your innocence. Then let him decide if it is better to take bail or apply to HC for quashing of FIR.

In another thread https://www.lawyersclubindia.com/forum/Meaning-of-kumari-136475.asp you have asked the meaning of kumari. The meaning depends according to the context of use. For example if it is used as part of name like "Meena Kumari" it may not mean that Meena Kumari is not married. Or if it is used as prefix before the name like Kumari Meena or Miss Meena then it may mean to denote unmarried status. If to the question asking if married or unmarried, the answer is "kumari" it means unmarried.

Siddharth Dev (Advocate) 03 June 2016

agreed with democratic indian

Pawan S (Advocate) 03 June 2016

How you get to recognize that they have filed FIR against you?

For at present, wait until you receive a summons.

The prosecuting attorney must prove that you are guilty beyond a sensible doubt, which is a very high criterion. You do not have to prove that you didn't do anything.

If you were merely charged with assault, this makes your task a little more leisurely, because there was no genuine harm.
No matter what, you are innocent until proven guilty. This implies you haven't assaulted anyone until the prosecutor proves that you've done it. If there's even a shred of reasonable doubt about your guilt, you cannot be convicted of the offence.

I wish to know, what charges have been put against you before provide any further suggestions from defense prespective.