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Can a counter FIR survive without evidence and with delayed allegation


23-Dec-2025 (In Criminal Law)
I am seeking legal clarity regarding a counter FIR registered against me on an alleged incident is said to have occurred. There is no digital evidence, No specific time or clear particulars are mentioned for the alleged acts, There is an unexplained delay of about 11 days in lodging the complaint, despite the complainant having access to the police from day one. The counter FIR was lodged only after my parents filed FIR alleging sexual verbal abuse, criminal intimidation, and threats against them. The counter FIR relies mainly on statements of multiple witnesses, some of whom were not present at the alleged incident and appear to be interested or related persons. My concern is whether such a counter FIR, apparently filed after the earlier FIR and primarily supported by delayed and allegedly interested witness statements, can legally survive, or whether it can be considered an abuse of process intended to pressurize or harass the original complainants rather than to seek genuine justice
Answers (2)

Answer #1
799 votes
According to your question after seeing the fir copies of both only I can give a suggestion that whether the fir would survive or not if yes or no and how. If you want I’ll assist you in this case. Come to my office will discuss briefly.
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Answer #2
787 votes
yes an counter FIR can be filed, some times this happens when police found the legality is still persist with the other party too. Police duty is to file FIR and file chargesheet after investigation, the courts will declare whether you are convict or innocent.
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