How I stop vexatious litigation without my appearance

816 votes

To prevent further misuse of criminal procedure, immediately approach the High Court under Section 482 CrPC with all relevant documents (police reports, witness records, orders) showing how the complaint is vexatious, lacks merit, and is only intended to harass. Courts are increasingly sensitive to such misuse of the system and will grant relief if properly substantiated.

Advocate Kishan Dutt Kalaskar LawRato

554 votes

To effectively stop this vexatious litigation, you can approach the Hon’ble High Court under Section 482 CrPC and file a petition for quashing of the criminal complaint, highlighting that the matter has been pending for over 10 years without any merit or admissible evidence. Emphasize that the police have already filed a report stating no offence was made out, yet the complainant continues to misuse the judicial process by influencing procedural orders and dragging the accused unnecessarily. Bring to the Court’s attention the repeated and deliberate attempts by the complainant to prolong the matter, causing mental harassment and abuse of legal provisions. Also request the Court to declare the complaint as frivolous and malicious, and to impose exemplary costs or penalties to prevent further misuse of process. Additionally, you may explore remedies under Section 250 CrPC for compensation if the accusation is found to be false and without reasonable cause. Simultaneously, you can consider filing a civil suit for damages caused due to malicious prosecution. Maintain all relevant documentation and prior orders to strengthen your petition.

Advocate Harsha G. S. LawRato