Hi
There have been several instances where somebody lodges false FIR against another person just to cause him injury and strain him mentally. The purpose of lodging a false FIR can differ from person to person, but a very few people know that there are legal remedies available for the victim who has been falsely fabricated. As you said that your brother's wife had filed a false FIR against your family and the matter is still pending, here are a few legal remedies that can help you.
Firstly, you can file an application Under Sec.482 of Cr.PC for quashing frivolous FIR. These are the grounds under which an application can be filed under Sec.482 of Cr.PC. Just have a look and figure out if these provisions fall under your case as well:
- The Acts or omission on the basis of which the FIR has been lodged does not constitute an offence.
- The Offence for which the FIR has been registered against the accused has never happened;
- The FIR contains merely baseless allegations without any reasonable ground to prove an offence against the accused.
There are guidelines by Supreme Court also where the false FIR can be quashed under sec.482. For your reference, I am mentioning a case Law, (Sundar Babu & Ors vs. State of Tamil Nadu.) Please have a look, I am sure this will help you if you decide to go for this particular legal remedy.
Secondly, where a false FIR has been lodged by a person against an individual, such individual can approach the High Court for quashing such FIR by filing a writ petition under Art 226 of the Constitution. If the High Court found that great injustice has been done to such a person, it can quash such false FIR.
Thirdly, the person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC, but only after the accused had applied to the High Court for quashing the false FIR lodged against him and the High Court had quashed such false FIR or if the accused is acquitted or discharged by High Court.
Fourthly, even police officers fall under this ambit. So if you think in your case, some policeman is helping your Brother's Wife by falsely lodging an FIR against your family, then you can even file an application u/s 156(3) or a Complaint u/s 200 of Cr.PC against such police officer for deliberately or negligently lodging false FIR.
Fifthly, you can also apply for anticipatory bail . You have the option to apply for the Anticipatory Bail under Sec 438 of Cr.PC. You can either apply to the High Court or the Session's Court for the grant of Anticipatory Bail.
In regards to your another query, I strongly recommend that you take proper legal aid as it appears prima facia that your troubles are increasing rather than getting out sorted.
I hope the remedies given by me in regards to the lodging of false FIR will help you and your case.
Regards
Saguna Patheja
