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Malicious Prosecution against quashed cases by high court
27-Aug-2023 (In Criminal Law)
My wife filed false 498A case and DP act 3/4 on me and my family.
498A and DP act 3/4 Case against family members was quashed by high court. Now
1. Can my family members file counter case of malicious prosection under IPC 182/211 or it need to be initiated by police/court only?
2. Along with defamation and extortion, Under what other non-bailable criminal sections of IPC counter case can be filed by family members?
3. What's the maximum punishment under the applicable IPCs that she can get?
I have perused the contents of your query and would advise you as under : Yes, you can file a complaint under section 211 of the IPC wherein the maximum punishment would be 2 years imprisonment or fine or both. Alongwith 211, you can file complaint under section 500 IPC. Further you can file a Suit for malicious prosecution and claim damages on account of litigation expenses, loss of reputation etc.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client as i can read your issues is really very good points to be noted down by the court as well as in the stand of protection agaisnt the fake cases ur facing right now . in your matter things are very much planned so get them understand and teach them a lesson you have to take a action in a manner tht your opponent can not even stand in fromy of tht action and get trapped in your plannes action . ifbypu move in this manner then you can sent your opponent pary in to jail for not less the 14 years or even more.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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1. Yes, a case for malicious prosecution can be filed by you on the ground that the case was filed to mislead the court which have been effectively quashed by the Hon'ble High Court. You can initiate it or a request can also be made to the court.
2. Defamation case has to be filed individually which requires certain statement published against you and your family. It can be criminal and civil both.
3. Punishment can range as per the sections they are charged with. Therefore, it can be answered at a later stage.
2. Defamation case has to be filed individually which requires certain statement published against you and your family. It can be criminal and civil both.
3. Punishment can range as per the sections they are charged with. Therefore, it can be answered at a later stage.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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