Ritesh 10 October 2017

False FIR against my wife

Hello People some suggestions needed.

Incident Happen on 16 December 2016 7 PM

My wife was coming back from Office in Noida and on a very busy street near metro hospital someone came in front of her car with bike and suddenly she had to apply brake from behind one rikshaw puller was coming and on that 4 people were sitting, since rikshaw didn't had power brake in process of saving himself from hitting into my car his Rikshaw overturned and hit my wife's car. One person sitting on the Rikshaw jumped and in the process of saving himself his right foot little finger got bruised, out of curiosity my wife got down from her car to check everyone was ok since she applied brakes suddenly. The person said just to check can she drop me to hospital and she agreed thinking she is helping someone.

Post reaching the hospital they started shouting on her telling hospital authorities that she has hit them since she was 6 months pregnant at that time and got afraid she called me.

I came to the location and said to the family I will pay their expenses as they have created a scene there. I paid the amount of 5000 of the hospital charges ( including x-ray, Doc fees and Kacha plaster as his ankle twisted) everything got finished there and came back home

To my surprise i got a call from Police station on September 20, 2017 stating that a FIR has been logged against my wife on September 18, 2017 from Court and i need to report with my wife at police station. They told me the person to whom my wife helped has filed a FIR against her stating she has not given the expenditure of fractured leg and a whole false story was mentioned in FIR for which i have attached a copy too.

luckily i had copy of all the expenses i paid on that day, Doctors Report and X- Ray report in which it is clearly mentioned no Fractured Leg.

Now Police says they are asking compensation and my point is why should i pay for a false FIR and to a person who is a imposter.

I have also submitted a copy of all the expenses i paid on that day, Xray report and Doctor report for that day to the police people.

Please advise.

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6 Replies

Siddharth Srivastava (Advocate) 10 October 2017

It is case of accident and it can be proved by mechanical inspection of car. Let them file the case, then, you shall have the opportunity to disprove their claim. Donot get afraid by their threat. Consult a lawyer with details.

Ritesh 11 October 2017

Thanks, that what my point was i have submitted all the document related to treatment i provided them on that day and now i understand why Police is really badnaam, they want money either from me or from other party, isi liye inpe bharosa nahi hota hai logo ka, inspite of providing all the details with proof i have to struggle and that too i have to go and do a zamanat, as FIR has been lodge against my wife. serious bull sh*t, i dont understand aise kaise koi bhi FIR lodge kar deta hai, thats y many chases are pending in court.......

Aise Farzi FIR kai log karate hoge.

Pawan S (Advocate) 11 October 2017

You have two options.

Talk to the informant and with the police, pay some amount and settle the matter. If they asked you to pay an amount which seems reasonable to you, then you can pay them with proper procedure and don't forget to maintain transaction records. And close the issue.

Proceed with the court proceeding/trial. You will get enough chance to show your evidences. But, it is possible that the court may pass an order to pay some amount to the victim due to the mental agony suffered by him (victim).

I suggest you to go for the 1st option. Because if you get stuck in the court proceeding, then in any case, you have to pay your lawyer and this will go on until the proceedings comes to an end. And this will take time. Which is a waste of time as well as a waste of money.

So, I advise you to talk to the police and the informant and try to settle the matter amicably in this early stage and close the issue.

R Trivedi (advocate.dma@gmail.com) 11 October 2017

See, whatever happened, but your making the payment in the hospital implies your admission of some slip on your part. Who will pay otherwise? Personally speaking I won't advise bribing etc (you can weight accordingly, and must take pragmatic approach) but court trials for such petty and accidental cases are also not worth fighting if they can be settled reasonably out of court.

Ritesh 26 October 2017

ok and is court proceding necessary or submitting the proof to police will do, as i have all the documents (bill receipt, x-ray and report) which clearly state nothing happened to that person on that day....

if i submit all the proof to police, then they will make a chargesheet or Final report?....

Let me know so that i can plan my move accordingly

Jaspal singh (practicing lawyer) 26 October 2017

Dear Concern, no need to worry for this kind of petty offences i hope that NCR (Non cognizable report ) has been lodge by the police must be in under Section 279, keep your treatment records with you but do not repair your car/vehicle till the time report has not been prepared by the police.

Police will surely siezed the vehicle and also make the panchnama/inspection report after 2 or 3 ays you can file an application before the concerned court and your vehicle shall be released on Suberdari. after that court will call the DAR (Detail ACCIDENTAL Report) and then matter will start.

As stated by you that your wife bring the victim to nearest hospital where he has been discharged after giving first aid or plaster but bo such fecture was reported by the hospital on his leg it will help you in leading this case, all benefit of doubt will be given to you in this regard that no such fecture was happend and the same will be happened from some other case/Accident.

No need to worry and do not give any type of bribe to anyone .as the matter shall be tried by the court of justice not by police or any other authority.

feel free to call me

Regards

Jaspal S Maini(Adv)

9999987283

Jaspal S Maini