2+ Lawyers are online
Judge dismiss false complaint or give discharge to defendant
10-Jul-2025 (In Criminal Law)
There was verbal only fight but no fist fight. Same day police file non-cognizable report. 1 week later complainant's advocate file false complaint that we restrain and beat him. After 8 year litigation judge order police investigation. Witness say she not see fist fight. Judge have prima facie allegations but no shred of basic evidence. Complainant now say witness not remember. He now demand presence of defendant and other accused.
It looks like this is a false and dragged-out case. If there was only a verbal argument and no physical fight, and even the police filed a non-cognizable report on the same day, then the complaint made one week later appears suspicious. It seems the complainant tried to build pressure by making serious but baseless allegations. Now, after 8 years of litigation, if the witness herself is saying that she didn’t see any fist fight, and there is no medical or proper evidence, then the case is clearly very weak. In criminal matters, the burden of proof is on the complainant. Without solid evidence, just making statements is not enough. If the complainant now says the witness doesn’t remember, and still wants the accused to be present, this is just a tactic to delay or harass. You have legal remedies in such situations. It’s possible to approach the court to seek discharge or even file an application for quashing if the facts support it. If you’d like, I can guide you further based on the exact stage your case is in. Feel free to get in touch for a detailed discussion.
Helpful?
Adv. Abhishek Kumar
Adv. Abhishek Kumar
Delhi | 25+ Answers
Chat
Sir, if you have received summons then abide by it. When you appear before the judge, raise this particular point of pending litigation and lack of evidence and try to get the case dismissed.
If you need any assistance, feel free to contact me.
Helpful?
Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
Chat
Dear sir/ ma'am
In this scenerio you can move a discharge applicatiok on the grounds that there is no prima facie evidence and there was no fight according to witness.
Also, you can move to high court for the quashing of the FIR.
Thank you
Helpful?
Adv. Anuj Goel
Adv. Anuj Goel
Delhi | 50+ Answers
Chat
Since the complaint is based on a non-cognizable report with no corroborating evidence and contradictory witness statements, you may file a discharge application under Section 239 CrPC if charges have been framed. If not, seek quashing under Section 482 CrPC citing abuse of process, delay, and lack of evidence. Also highlight that even the witness has retracted. Presence demand by complainant at this stage is a tactic to prolong the case.
Helpful?
Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
Chat
Based on your facts, the complaint appears to be an afterthought and is unsupported by credible evidence. You must highlight the delay of one week in filing the second complaint, which casts serious doubt on its veracity. Since the initial police entry was a non-cognizable report and the witness clearly stated she did not witness any physical assault, the prosecution's case lacks independent corroboration. After 8 years of litigation, if there is still no direct evidence and even the complainant’s witness has failed to support the case, you should seek discharge under Sections 227 or 239 CrPC, depending on the case type. Courts consider the absence of injury, delay in lodging FIR, and retraction or contradiction in witness testimony as grounds for dropping proceedings. You may also press for closure under Section 258 CrPC (if summons case) or file a petition for quashing under Section 482 CrPC before the High Court. Engage a lawyer to move appropriate applications and protect your rights against prolonged harassment.
Helpful?
Adv. Yuganshu Sharma
Adv. Yuganshu Sharma
Delhi | 700+ Answers
Chat
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.
Connect with top
Criminal lawyers for your
specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
