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Rajkumar Sheoran   31 October 2021

CrPC 319

My parents and sister have been acquitted in police investigation in498a and acquitted by magistrate in section 319, under which sections they can register a case against my wife, please guide me.


 3 Replies

minakshi bindhani   01 November 2021

As per the concerned query!

Since the matter is resolved. You can file a counter lawsuit under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. The case under this section can be filed when a woman tries to tarnish the image of her husband and his parents by falsely framing him into a false case to drag them to court or jail.

Further, you can file a case under Section 120B (Criminal Conspiracy) of the IPC mentioning the intent of criminal conspiracy. In the case where the man finds that his wife has criminally conspired against him or his family members, you may straight away file a counter case against her for the same under this section.

In addition to that, you can file a case under Section 191 (Giving false evidence) of the IPC that comes into the play when the man starts to smell something fishy and realizes that some evidence used against him is false. In such a case, men can allege that he is being wrongfully framed in a case.

Hope it is useful!
Minakshi Bindhani

Anusha Singh   01 November 2021

As per your query it is understood that you need information regarding filing a case after acquittal against someone who filed case against you.

 You can file defamation case and you can also file case of malicious prosecution.

Section 499. Defamation – Whoever, by words
either spoken or intended to be read, or by signs or by
visible representations, makes or publishes any
imputation concerning any person intending to harm, or
knowing or having reason to believe that such
imputation will harm, the reputation of such person, is
said, except in the cases hereinafter expected, to
defame that person.
Explanation 1.- It may amount to defamation to
impute anything to a deceased person, if the
imputation would harm the reputation of that person if
living, and is intended to be hurtful to the feelings of
his family or other near relatives.
Explanation 2.- It may amount to defamation to
make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3.- An imputation in the form of an
alternative or expressed ironically, may amount to
Explanation 4.- No imputation is said to harm a
person’s reputation, unless that imputation directly or
indirectly, in the estimation of others, lowers the moral
or intellectual character of that person, or lowers the
character of that person in respect of his caste or of his
calling, or lowers the credit public servant in the discharge of his public functions, or respecting his character, so far as his character
appears in that conduct, and no further.

You can file defamation case only when any statement which is defamatory in nature is posted publicly or is said orally in public.

The Criminal and civil cases that lack many evidences usually aren't pursued and occasionally criminal charges or civil lawsuits are maliciously filed to intimidate, harass, defame, or injure the other party. Such actions are known as malicious prosecution. Malicious prosecution occurs when one party knowingly and with malicious intention initiate a baseless litigation against the other party.

In the case of West Bengal State Electricity Board v. Dilip Kumar Ray, the Court defined the term “malicious prosecution” in the following words:

“A judicial proceeding instituted by one person against another, from wrongful or improper motive and without probable cause to sustain it is a malicious prosecution.”

Hope it helps!



Anusha Singh

P. Venu (Advocate)     01 November 2021

Any suggestion depends upon whether the acquittal was on merits or based on benefit of doubt. If on merits, what, exactly, is the finding of the court?

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