Defamation and Suit for Damages for lodging False FIR
Legal Fighter
(Querist) 17 September 2009
This query is : Resolved
My wife filed a false FIR u/s 498A/406 against me and my family members. After investigation, the police has filed chargesheet only against me and my family members are put in coloumn 2 (No evidence against them) of the chargesheet. Earlier my wife also strongly opposed Anticipatory Bail and quashing of FIR (on merits) of my family members.
Now can my family members file defamation case and suit for damages against my wife? Will it come under malicious prosecution as the case was still in FIR stage only. Please guide me.riven
Shivasurya
(Expert) 17 September 2009
Yes Mr. Manish, your family members can file criminal complaint against your wife for the offence of malicious prosecution. My sugesstion is you can wait till the end of trial if you acquitted, you can also jointly file case against your wife along with your family members for the offence of malicious prosecutionriven
Legal Fighter
(Querist) 17 September 2009
My query is as the matter is still sub-judice and Magistrate can still include their names, can they still file defamation or suit for damages at this stage. Please let me know.riven
PARTHA P BORBORA
(Expert) 17 September 2009
filing a case false or true is not defamation. section 500 i p c is very clear about it. it may be a case of malicious prosecution. but to file a malicious prosecution case u must be AQUITED from all chargeds of the case. so u cannot file a malicious prosecution case untill and unless the judgement is pronounced.riven
PARTHA P BORBORA
(Expert) 17 September 2009
SORRY THE SECTION SHOULD BE 499 IPC NOT 500riven
PARTHA P BORBORA
(Expert) 17 September 2009
SORRY THE SECTION SHOULD BE 499 IPC NOT 500riven
Adinath@Avinash Patil
(Expert) 17 September 2009
You & you family members can not file at this stage case for defamation or false malicious prosecution because case sub judice .you wait until final decisionriven
Raj Kumar Makkad
(Expert) 17 September 2009
I am fully agree with Adinath ji. You have got no occasion to file any case for damages or defamtion at this stage.riven
