Should I file police complaint for extortion and coercion

861 votes

Hi there, based on preliminary reading the answer to your question is yes a complaint can be filed against him. However the final decision can be given only after analysing the full issue. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

776 votes

At first is your relative has sufficient evidence against you Getting favourable orders depends upon the evidence on Record। Now agreement needs to be written and you could ask court for refering to mediation and then reach a settlement For more discussion Please feel free to connect me.

Advocate Anuj Ranjan LawRato

789 votes

If your relative has filed a knowingly false criminal complaint to pressurise you into settling a property dispute, and is repeatedly using it as a bargaining tool, this can amount to criminal intimidation (Section 506 IPC), extortion (Section 383 IPC), and possibly giving false information to a public servant (Section 182 IPC) or false charge with intent to injure (Section 211 IPC).

LawRato LawRato

595 votes

Yes you can file complaints against him with the police. Now you can file complaint online. Recently Supreme Court held that police is bound to register FIR on receipt of complaint online and thereafter investigate the matter

Advocate Prithvi Raj Sikka LawRato

789 votes

You have been facing repeated harassment from your relative, who has been filing false private criminal complaints against you over the course of the last 14 years in connection with a property dispute. Despite various settlement discussions, no agreement was ever put in writing, and your relative continues to threaten legal action and refuses to withdraw or dismiss previous complaints. You mention that he repeats this pattern every 2-3 years and uses such tactics to coerce and pressurize you, possibly amounting to extortion. In such circumstances, the law provides you with several remedies. Filing repeated false criminal complaints in order to harass or coerce someone into a settlement or for any other mala fide intention can amount to an abuse of process of law and may also constitute offences such as criminal intimidation, extortion, and giving false information with intent to cause injury (Sections 384, 506, 182, and 211 of the Indian Penal Code). If you have documentary proof or credible evidence that the complaints filed by your relative are false, malicious, and meant to extort or harass you, you can approach the police authorities to file a complaint under the above-mentioned sections. Apart from approaching the police, you also have the remedy of seeking appropriate orders from the competent court. You may file an application under Section 482 of the Code of Criminal Procedure before the High Court to quash any false complaints that have no merit and are filed with malicious intent. The Supreme Court and various High Courts have reiterated that the process of law should not be allowed to be used as a tool for settling personal scores or pressurizing the opposite party to compromise. Additionally, whenever a false complaint is filed and you are made to appear before a court, you can move an application for discharge at the earliest available opportunity and seek the necessary relief on the ground that the complaint is baseless and filed with ulterior motives. If you have already been acquitted or discharged in any of the previous complaints, you may rely on those orders to show the pattern of harassment. If the property dispute is still pending, and all attempts at settlement have failed, it is advisable to resolve the dispute through lawful means in a civil court, where your rights can be properly adjudicated. To move forward, prepare a detailed summary of all complaints filed by your relative, along with copies of court orders (if any), settlement communications, and any evidence of threats or demands. With this, approach the jurisdictional police station with a detailed complaint. If police do not take action, you may escalate the matter before higher police authorities or file a private criminal complaint under relevant sections in the jurisdictional magistrate court. It is important that you do not succumb to such pressure tactics and always respond legally and calmly. Consult with your advocate before taking any step and maintain proper records of every incident.

Advocate Yuganshu Sharma LawRato