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False case of molestation can i file defamation case if they withdraw


03-Feb-2023 (In Criminal Law)
My neighbour has files a FIR stating that I beat up and tried to molest his daughter finding her alone in the corridor of our apartment, while in actual there was a scuffle between my sister and his daughter and I intervened later just o separate them, which was also witnessed by other neighbours. Now the case has gone in to trial u/s 30, The informant was absent in first hearing. Was present in the second hearing but did not bring the victim (his daughter) hence next date given, During second hearing, the informant requested my counsel that they are agreeable to compromise like withdrawal. Now my question is that, 1. he has filed a false case accusing me of molesting his daughter which has caused damage to my reputation in the society as the neighbour has been telling this to others, and also caused monetary loss for court procedure - if he now withdraw the case can I file a defamation case. 2. If trial continues when can I file a defamation case.
Answers (5)

Answer #1
941 votes
If you settle the case unanimously then you would lose your right to file a case for defamation or compensation..
So if you wanna file a defamation case then must have to be aquitted in this case on merits.....
Answer #2
928 votes
File a complaint of defamation spontaneously whether or not trail continues because it is time barred ...the limitation of this is 1 year that when the complaint of molestation has been filed....basically this is also tactics of letting other party to withdraw their case..
Answer #3
911 votes
There are so many mistake and problems in our society .but ..agr ye proof ho jay ki f.i.r. false or fabricated h. To hum action le skte according to law . Or jb jis society me hum rhte h
Answer #4
671 votes
You can certainly file for malicious prosecution and defamation. Once they withdraw the case. If the trial continues you would be acquitted in the end and then you file a case with the judgement passed in your case.

Rest you can contact me to discuss further.
Answer #5
593 votes
A settlement or compromise wont give you any merit to file a defamation case.

You need an adjudication on merits in your favour/acquittal from the trial court to file for defamation. It would be best if it can come as a finding that you were not the agressor but instead the pacifier and were unecessarily falsely accused for revenge.

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