Relief for false police complaint by neighbor

Forgot this as bad dream.....don't come under mess again........

 

Two links at the end of this response..important ones.

 

Best is to first send him a private notice asking him to pay a certain amount as compensation.

 

Your PRIVATE NOTICE, is the basis of all future pleadings. So, draft it to cover the entire incident and details of the compensation you seek from him.

 

In the Court, You will have to quantify the damage caused.

 

Whatever amount you are claiming as compensation, a certain percentage of it, has to be

deposited as court fee.

 

There are advocates who are into civil matters. 

 

You may discuss with them and file at the court, seeking compensation.

 

But, first read word by word, these two pieces here. You will get enlightened.

 

https://www.legalservicesindia.com/article/article/nuisance-a-tort-825-1.html

 

https://www.legalserviceindia.com/articles/pun.htm

 

 

Dear Yogendran,

I appreciate your concern. Will certainly give it a thought. 

Dear Mr.Natrajan Iyer,

Thanks very much for your response and for sharing insightful articles. I believe I did understand the gist of the matter however the legal jargons are somehow baffling to me. 

Your suggestion serving a PRIVATE NOTICE sounds sensible starting point. If I understand it correctly it is something I write to him directly without engaging a lawyer. If so, I am afraid he may simply not acknowledge or ignore my notice. 

Appreciate if you could throw some light on this private notice. 

Thank you again for your time and efforts.

 

 

 

@ Raja Title it PRIVATE NOTICE Write the contents as you choose to express the facts. Remember to use this line The < incident > being the CAUSE OF ACTION arose on < date > and then the details. Post it by RPAD. Do not bother about his approach. The moment a letter is dropped into the box as per postal act, your job is done. It is to be treated as sent. The moment you send by RPAD ( Regd.Post Acknowledgement due ), you get a receipt. That is enough to prove that you have served him a private notice. Now acknowledgement card would reach you after few days. That is proof that he has received. Mention 15 days as the time period, in your notice. " Within 15 days from receipt of this notice, if you do not compensate us to the tune of < Amount > to which we are rightfully entitled, we would proceed with a formal legal process seeking compensation through the honourable courts." NO, YOU DO NOT NEED AN ADVOCATE. It is a PRIVATE NOTICE, the first step. IN FACT, IN GENERAL, YOU DO NOT NEED AN ADVOCATE AT ALL IF YOU CAN ARGUE YOUR CASE BY YOURSELF. But in some cases you need an advocate and more so since procedural law is not yet known to you it is better you do not look shocked and fumbling for words when the judge instructs in technical jargon. In this particular case it is a PRIVATE NOTICE and is the basis for all future pleadings. If he returns the post do not bother. When you go through the court, that will go on a different track. People return even court summons, but later end up paying a heavy price in life for ignoring the law. If he does not reply and compensate within the 15 days mentioned, do not bother. He is indirectly telling you to go ahead with your application at the court. See there would either be some sound or no sound at all. Be mentally prepared for either of the two. That is human behaviour. But you have to DO IT. Else drop it. These are the only two options. Once you decide to take it up, do it in a relaxed manner. All the Best.

Dear Mr.Natarajan,

There couldn't have been a better guidance. I owe you lot of thanks.

Regards,

Raja

 

You are shown two options, one is to ignore the entire incidences as bad dream and continue with  your routine and regular  activities peacefully forgetting the past bitter experiences and another is to get trapped into unnecessary and long drawn legal battles, by diverting your concentration to litigation and the related issues, facing problems in the routine and regular affairs owing to irregularity in it, balancing between the litigation and professional occupation, bearing the litigation expense and advocate fees which is an additional expense.

So think properly and take wise decision.  This is an ignorable issue not worth following it up ,but its upto you to decide. 

@ Advocate T.Kalaiselvan

 

The querist wanted to know the legal remedies available and especially compensation.

 

The victim here is his senior citizen father. So, obviously he is deeply hurt.

 

Only Two people have given him suggestions.

 

One is Yogendra and the other is myself.

 

Yogendra has advised him to forget the entire thing as a bad dream.

 

So, that leaves this post with only one more - That is myself.

 

Are you referring to me as a mischief-monger ?

 

It is clear you are doing so.

 

I suggest you refrain from such vitriolic speech. At your age and seniority, it does not look good.

 

I have been observing for some time now that you almost always make it a point to oppose whatever I post.

 

I must tell you one thing, this is purely technical here.

 

All my suggestions are backed by excellent citations and the legal frame-work.

 

Hurling such adjectives at me, a person that you do not even know and that too on a public forum, and that too, at that age and seniority, speaks volumes about your own approach.

 

If you feel I would get provoked, NO...It is a BIG NO.

 

I am here to help the HURT SOULS ( GENUINE VICTIMS ) and am least bothered whether people praise me or not.

 

I am happy that atleast one out of a hundred has benefitted by my LEGALLY-VALID Suggestion.

 

In the future, I am just going to plainly ignore your comments.

 

You told me that you have not been regular, when you saw my post about an abusive member.

 

But let me tell you, from a few days, I have seen you active on many posts and that is visible on the dash-board.

 

I have my suspicions that a few members here, are out for mischief and provocation.

 

Sorry, I have better things to do in Life.

 

On a final note, I do not know you and you do not know me.

 

Behave Yourself.

 

Now if you are going to respond as usual in a sarcastic and/or abusive manner, it only exposes your own vocabulary.

 

You seem to be itching for a fight.

 

Thank You, but I have better things to do and greater responsibilities to handle.

 

Your case was settled in police station and not in a court of law. If you now go to court the issue can get reopened. The other party can claim that whatever undertaking he gave in the police station was under duress. You are now emotionally upset. Whatever it is you will come back to normal in a few weeks. But if you go to court you will lose not only money but also your peace of mind for several years. Lawyers  will charge you  in multiples of Rs.10000/-

I read the advice of Adv. Kalaiselvan again and again. I find only that he has his advice and consequences of different approaches to the problem. I do not see in it anything against Shri Natarajan Iyer. Probably they crossed swords previously in some other post.

They say that a bad neighbour is better than a distant friend. In other words one should avoid quarrel with one's neighbour. If the neighbour is quarrelsome, play it down and not perpetuate it. In a civil case it would be dispute between two persons over property or money or a relationship. In non-cognisable criminal cases it is a matter of feeling revenge and settling scores. Even if compensation is asked for, that is not for gain to oneself. It is to cause loss to one whom one considersas one's adversary and thus injure him.

Feeling of revenge also eats into one's vitals and caused acidity and stomach ulsers.  I am 82 years old, 15 years older than the 67 year old senior citizen. I am giving this advice based on wisdom gained over years.

@ Dr.Ramani There is a person seeking directions to a particular destination. The traffic police guides him towards that route. The traffic police does not become a mischief-monger. It is upto the person to decide whether he wants to go that way or not. For guiding, if a person labels the traffic police, a mischief-monger, there would be an appropriate response. China and Pakistan are both our neighbours. We decide which battle to pick and which to drop. So too in life let people decide which battle to pick and which to drop. Every person is different, Every situation is different. As for age, if physical age were to be an indicator of inner holistic evolution, then we would not witness crimes by senior citizens. Anyway, that being a different chapter and this being a closed chapter, there was absolutely no necessity for you to pitch in and try to pull me back in or even opine here. It smacks of mischief. Thanks for dropping the topic.

 

Mr. Raja sought advice. You gave your advice. Mr. Kalaiselvan also gave his advice. His advice was different from yours.  Immediately you started feeling that Mr, Kalaiselvan had not only expressed opinion on your advice but called you a mischief monger. He had not done anything like that.

I  gave my advice to Mr. Raja not to you. I did not express any opinion on your advice to Mr. Raja.  On the other hand you gave your opinion and comments on my advice to Mr. Raja.  If the phrase ‘ pitch in’ is to be used at all, you have done that, not me.

Now you will teach us interpretation and common logic. hmmm...So who pitched in ? Mr.Raja sought, I gave. where did the other and your kind self come in ? Anyway, i do not want to digress from the point on hand ok sir Thankyou sir Take care

For the good or bad, the issue is put on the back burner for now. I am sorry to see my query created the controversy. I am truly grateful to all those who kindly advised me on the issue. Please keep up with all your good works. Thanks.         

Both criminal and civil liabilities are made out to make a false polcie complaitn maliciously. The only thing you have to prove is malice. So exisiting feud between complainant and accused is one example. You have to attribute a motive and then prove the same through evidence/eye witness

If I complain against you believing that you did some crime or I can make reasonable assumption of  your involvement likely in the crime , I am not acting with malice.

In your neighbors case same thing might have happened. Due to existing acrimony your neighbor might have believed theb sabotage to be handiwork of your family member.It was duty of police to examine things and come to conclusions.They did come to conclusion

See, law has to balance between right to complain and seek justice and right of accused to protect his reputation and dignity

It is very difficult to define what and how defamation took place. Suppose I write an artcile knowing it to be wrong and baseless with ulterior motive to defame a noted kidney surgeon that in his hospital kidneys have been sold. I present it as a  fact. Then I have definitely committed defamation.Giving opinions is not defamation. Specially if I am a rival doctor or someone with whom doctor had dispute or may be doctor turned off some offer of a equipment supplier wanted to bribe out.

These issue are very complicated

So dont get into it. Your case would have been easier to prove if  he had gone directly to a a magistrate with properly drafted petition putting malacious allegations.

The complainant whose car was damaaged had right to express his suspicion on some one as polcie always asks that.ifn head fabricated a witness or evidence like a morphed picture of your father attcking car. He would be in soup for sure. If your father had been jailed or was indicted and laterit comes to know that he was innocent definitelylaw of torts applies.

Look at otherway. My plumber does a bad job in my society flat. I refuse to pay. After a few days I find my water supply line punctured or tempered with, I will surely point finger at Plumber and I may also file Police complaint. So how defamtion took place?

Whe any one files a FIR he is also suppsoed to name person likely to hav done crime if he knows about. Otherwise it is anonymus FIR.

Last point as rightly suggested by our expert above how to quantify  damages? Did he loose a job due to that? Did he receive a heartattck and was hspitalised ( even that can be due to other reasons). How much facehe lost in osciety? how you calculate? Though courts have guidelines and previosu judgments, still tough job.

In India polcie and courts dont even use section 182 and section 193 IPCfor false complaint to a govt servant and for filing false affidavit for a judicial proceeding. Who is interested inm your case? It will drag for 10-15 years and both parties will be poorer  by Rs 1 lac.

My opinion is there is no case made out foe torts or defamation in this incident. Just forget it.