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How to prove myself innocent from false allegations by sister in law ?


03-Jan-2023 (In Criminal Law)
my parents had two sons and 3 daughters .In their will they gave all property to me because brother was in bad habits , used to ill treat my parents .Property is not inherited from my grand parents but bought by my father.Now my brother wish to get his share which he cannot get legally. Brother has made his wife to file a case of false molestation case and he has bribed local police to make pressure on us so as to acquire portion of property.He says that he will approach court using this false allegation or else we should give him share.Apart from giving him property share to settle matter , what are my options legally. How I can prove myself innocent.
Answers (3)

Answer #1
618 votes
The court looks into the reason as to why the criminal proceeding has been invoked by the complainant/first informant. Establishment of the fact that this criminal case is an off shoot of the will dispute which has been executed in the favour of the accused.
The same can be done by quality drafting and arguments.

Certain Grounds can be applied, such as:
-Mortal status of parents
-Seperate living of complainant and accused(if applicable)
-No criminal antecedents
-Civil dispute persisting.
Etc.

Relief can be sought in the High court by invoking its jurisdiction under section 482 Cr.P.C.

More counseling can be done after looking into the documents available with the accused.

Hope that would help.

Answer #2
800 votes
You need to file criminal writ under article 226 of the constitution of India for quashing of the first information report lodged by your sister in law in the instant case in the Hon'ble high court. And if the charge sheet filed you need to file application under section 482 cr.p.c for quashing of the chargesheet and entire proceeding of the case.
Answer #3
821 votes
You live separately or with your brother?????
If you live separately it's easy to prove that you are innocent
In the court you can file it on affidavit with all the legal documents and paers of will to prove that that for that reason your brother and his wife teased you...
And one other option you have to file cross FIR against your brother and his wife of mental harassment

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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