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Case of physical assault by member of same family what action possible


18-Apr-2023 (In Criminal Law)

i am a self employed buisnessman in new delhi.I have faced physical assault on me at Lodhi colony area at 2 am in night.I was assaulted by 3 members of the same family who are family members of my partner who owes me money.After the assault the wife of my partner tore her own clothes to accuse me of sexual assault.i was shut down in their house and my phone was broken to prevent me from callin the police.They called the pcr from their phone and accused me of entering her house and assaulting her.My partner states he was not present at that time.What shud i do to recover.No formal FIR lodged

Answers (5)

Answer #1
942 votes
As per your version of events your partner and their family members are trying to implicate you in a false case by filing a false complaint against you. Since they are owing you some amount of money they are taking this route to blackmail you. Their complaint may become a FIR depending on the investigation carried out by the police authorities and the Police may summon you. To avoid such situation or any arrest it is better to file a complaint based on your version and submit it to the concerned Police Station and a copy to the DCP of that area and to the Commissioner of Police as well. It may become a cross FIR i.e two complaints cum FIR on the same issue. But you will have to act swiftly because any further delay on your part may bring suspicion on the part of Police to accept your complaint. so consult a lawyer soon. Good luck.
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Advocate S. Sethu Mahendran

Adv. S. Sethu Mahendran

LawRato Delhi | 5+ Answers
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Answer #2
696 votes
Immediately go to the concerned Thana (i.e. P.S. Lodhi Colony) and lodge a formal complaint (even hand written would do!) stating in full detail with all specifications as to what happened and why it did. You could say that your partner and his family are criminally intimidating, restraining and assaulting you (S. 506, 341, 355 and various other relevant sections of the IPC) and also detail that u/s 120 B (criminal conspiracy), the partner's family be implicated. For the amount that your partner owes you, that's a civil recovery and you could file a suit for recovery/summary suit depending upon the concerned amount, documents (written contract) and timelines (limitation). With the very limited facts that you elucidated above, this is all that I could think of!
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Advocate Shriya Maini

Adv. Shriya Maini

LawRatoDelhi | 25+ Answers
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Answer #3
544 votes
You should have file a complaint against them before the SHO concerned. If they owe any kind of money, than file a case for recovery before the competent court. See if you don't take step now, you will not agitate it tomorrow. My sincere advice is think properly and when you make up your mind then consult with a lawyer and proceed accordingly. If no FIR is lodged than take a deep breath, No police officer will take any action against you. But beware , they are not trustworthy persons. Think properly.
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Advocate Atul Patni

Adv. Atul Patni

LawRatoDelhi | 5+ Answers
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Answer #4
634 votes
You alsogive complaint to police stating the same facts to police as happened with u requesting the police to take necessary action by registering FIR against those people who committed assault with u .If police doesnt take action on yr complaint then application under section 156(3) crpc can be moved in court for registeration of FIR in yr case.
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Advocate Sanjay Dubey

Adv. Sanjay Dubey

LawRatoDelhi | 5+ Answers
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Answer #5
788 votes
You should now lodge an FIR against all the persons engaged in the plotting, I am sure that an FIR will be lodged against them and then you may separately initiate civil proceedings against the borrower as your borrower is doing everything to prevent you from recovering the debt against him. Thanks
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Advocate Navin Thakur

Adv. Navin Thakur

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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