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attack on my family


Hello,

I am Gautam More age 38.I have a daughter, she is 8 years old and a boy is 5 years old. I am a mechanical engineer working in an IT company in Pune.

For the last two and a half weeks we have been living here in fear of our family relative and his family.
he is the son of my mother's sister's daughter and is about 52 years old. He works as a private driver, he drives his car from Pune to Mumbai. He has 3 daughters and a son.

These people always prefer to be around us, because as relatives we often helped them financially.For the last 2 years, whenever I paid him, he never paid back, my wife (Reena More age 32) did not like their behavior.
So she stopped them coming together from time to time and stopped coming to my house. So the whole family hates my wife
In fact they envy us, because for every new thing that comes into our house these people expect me to buy for them too and then they will pay me back.

On June 28, 2020 he demanded Rs 2,000 from me, but my wife refused
Due to this hatred for my wife for the last few months, he entered my flat on June 28 at 11.30 pm along with his wife and daughters. They abused my wife and dragged her into the corridor. I was so helpless, because my 2 kids were so scared and there was crying and running in the corridor for about 20 minutes.They threatened to kill us and we went back to their flats saying we would sue you and eat your job

From then on, whenever we go down the building, they deliberately insult me ​​and my wife. His wife and daughters curse us and he stays behind them

Request advise on this to handle the matter legally.

Thanks,

Gautam More

 
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ha21@rediffmail.com Mumbai : 9820174108

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Trespassing, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 


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Retired employee.

If your apartments are provided with CCTV footage and if you have neighbors' sympathy take their guidance.  Install CCTV to avoid future attacks.


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Lawyer

It would be better to change your residence and live peacefully.

 
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Thanks for reply

 
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Hello Gautam,

I hope you’re doing fine. I’m extremely sorry the circumstances that you and your family has been through. However, since the advise is concerned, there are present ample of rights and remedies for you.

Firstly, you must file an FIR under Section 154(1) of the Criminal Procedure Code, 1973. Considering the quantum of offences you have been subjected to, filing an FIR is absolutely apt.

Further, under Sections 506, 504, 499, 354, 268, 441, 420 of the Indian Penal Code 1860, your nephew is liable for the following offences respectively:

  • Criminal Intimidation.
  • Intentional insult with intent to provoke breach of peace.
  • Defamation.
  • Criminal force to woman with intent to outrage her modesty.
  • Public Nuisance.
  • Criminal Trespass.
  • Cheating.

The reasoning for the above mentioned offences are interlinked from one action to another action as per the situation that you have stated. Although, from what I have gathered is that your nephew has forced and coerced you for paying him certain amount of money at intervals constituting criminal intimidation. Next, he has induced the offence of cheating since he hasn’t repaid you a single penny as per the facts. By entering forcefully at 11:30 pm on the night of June 28th he has committed the offence of criminal trespass. By abusing and dragging your wife in the corridor, the offence of outraging the modesty of a woman is attracted. Not only this but since you have mentioned that you live in a building and hence creating a havoc like situation at 11:30 pm which is almost midnight causes public nuisance and lastly provoking you to break  public peace combining with the offence of defamation your nephew has unlocked a series of sections against himself.

 You may, request the courts on behalf of your lawyer to grant you relief, damages for harassment, and as per the abovementioned offences he (nephew) must face an imprisonment for the time that may be given to him subsequently.

Regards.

 
Reply   
 
Appellate Criminal Defence Advocate

Sir,

  1. They have no legal right to demand anything from you or your wife.
  2. They had targeted your wife because they might believe, as you say, she stopped their freebies. It is your wife, not you, who should initiate action against them. There are reasons for it.
  3. The most important question is what did you do since June 28? Did you try getting an FIR registered?

 

Regards,

Abhishek Tiwari

 
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I didn't want to to go any legal matters, as a IT engineer I dont have so much time for such thing and he knows that also , he is having lot of time for all these things,as he is private taxi driver, thats why I did not file FIR , but I sent notice to them by lawyer lets see if he will reply

Thanks for your time ... thank you very much.

_Gautam More

 
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