False cri.case

Querist : Anonymous (Querist) 13 November 2011 This query is : Resolved
Hi all,
This is with regard to my cousin sister who has filed false case criminal case u/s 506,323,294 etc against me and my son that we fight with her and abuse her. Actually we had fighting for the money which i gave to her husband and he didnt returned, i dont have any proof as it was given in relation. Now me & my son won the case after a long proceedings with false witnesses and IO etc, after 5 years case is dismissed.
My question is that i and my son has suffered a lot in attending court every adjounment and we are planning to go for defamation suit as it is our right for compensation since the case against me is dismissed and all charges are not proven. Is there any chances to get compensation or it is worthless?
Please give honest advice, as u all are senior lawyers.
Thanks.

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Devajyoti Barman (Expert) 13 November 2011
You can try your luck by filing a civil suit for damages on the ground of malicious prosecution.

ajay sethi (Expert) 13 November 2011
no dont file civil suit for damages . it will take you 20 years at least in mumbai . you will end up spending on legal ffes /court fees . it is not worth the effort

Arun Kumar Bhagat (Expert) 13 November 2011
Your entire case will depend upon the language used in Judgement. You people were acquitted on what ground. If for benefit of doubt, then there shall be no case. If the language is that the case of the prosecution does not seem genuine and probable then you can go for defamation and damages.

Raj Kumar Makkad (Expert) 13 November 2011
Filing defamtion case is best remedy in such matters rather going for demages but language of judgment should be taken into consideration first.

prabhakar singh (Expert) 14 November 2011
When some one get acquitted from a false prosecution the cause of action in tort he gets is called to sue for damages is known as
a suit for MALICIOUS PROSECUTION.

Shonee Kapoor (Expert) 14 November 2011
What did the judgement say. LACK of evidence?

Then I would advise you not to file for defamation, as the rewards are very limited and expenses very high.

Regards,

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

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