Civil Procedure Code (CPC)

can action be taken against settled complaint?


agar koi kisi ki jhoothi complain kar de police mai aur baad m ush complaint ko wapash le le laikin ish jhoothi complaint se accused ko mansik pratadna pahuchi ho tho kya wo person ush complaint ke against ush fake complainant ko sue kr skta h

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Hi,

A false complaint is when a person deliberately lodges false F.I.R/complaint against someone in order to falsely implicate him in a false case, generally to because of enmity. False information is information that has been given deliberately with an intention to deceive.

As per Section 182 of Indian Penal Code 1860, whoever gives to any public servant any information which he knows or believes to be false, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

There are no sections in Indian law that talk about mental agony but there are provisions and cases which may help.

Even though Section 498A talks about matrimonial disputes, it acts as a shield when it comes to mental cruelty.

Filing a false complaint against husband and his family members u/s.498A will amount to matrimonial cruelty defined u/s.13(1) (ia) of Hindu Marriage Act. (Thursday vs By Advs.Sri.K.Gopalakrishna)

In the case, Ghaziabad Development Authority vs. Balbir Singh (2004) the Supreme Court called upon the Consumer Forum and Commissions established under the Consumer Protection Act, 1986 to not only compensate the consumer as to the actual loss suffered by him but also to compensate him as to the mental agony, harassment, emotional suffering, physical discomfort, loss of business, loss of time by taking vehicle time and again to the workshop.

 

Hope this helps you.

Regards,

Archit.

 
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