Will police file case against wife for filing false cases

645 votes

Legal Advice by Advocate Udit Garg Dear Sir, if you believe your wife and her family have deliberately filed false cases against you, you should first examine the evidence available in the pending proceedings. If the record establishes deliberate fabrication or knowingly false evidence, you may consider filing an application under Section 340 CrPC (now corresponding to Section 379 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to applicability) before the competent court. Through this application, you can request the court to consider initiating proceedings for offences such as giving false evidence or fabricating evidence, where legally established. The court must examine whether an inquiry is warranted and whether prosecution is expedient in the interests of justice. Mere contradictions or dismissal of a complaint do not automatically prove perjury. However, please note that an application under Section 340 CrPC does not automatically stop the pending criminal proceedings. If you seek to prevent unnecessary continuation or delay, your advocate must pursue the appropriate remedy before the concerned court, depending on the nature and stage of each case. Since the matters have remained pending for over four years, you may also request an expedited hearing and oppose unjustified adjournments. Advocate Udit Garg A review of the FIRs, pleadings, and evidence will help determine the appropriate application and legal strategy.

Advocate Udit Garg LawRato

537 votes

Hello sir The mere pendency of criminal cases for more than four years does not automatically establish that the complaints filed by your wife are false or entitle you to registration of an FIR against her and her family However if you possess credible evidence showing deliberate false allegations fabrication of evidence or false information given to the police you may submit a detailed written complaint to the concerned SHO along with supporting documents If the police fail to take action you may approach the competent Magistrate and seek appropriate directions for the registration and investigation of an FIR subject to the applicable legal procedure Alternatively you may file a private complaint before the Magistrate, requesting the court to take cognizance of the offence and proceed in accordance with law

Advocate Pooja Patel LawRato

920 votes

To respond to this we need clearer information such as what kind of case was filed. Was a it a civil case or a matrimonial case or anything else. If your wife had filed a criminal case and since you mentioned that the trial is still ongoing, then the police must have already filed a charge sheet. So you wouldn’t be able to do much until the finalisation of the case. And upon finalisation of the case, if the court feels that the complaint was false and malicious, the court can order for a case to be lodged against the wife for false complaint. But yes, there are other things that we can do differently which could help you get your desired result. Feel free to reach out and we can discuss it. Regards

Advocate Khalid Akhtar LawRato

686 votes

Hi there, the police general doesn't register cases which are sub-judice i.e. already pending before the court. You'll have an option of filing for malicious prosecution upon these cases being dismissed. It's advisable to contact me and provide more details to assist you better.

Advocate Ishan Parashar LawRato

911 votes

In Criminal Law, police will generally not register a separate FIR against your wife and her family for filing false cases while those cases are still pending for trial before the Court. The reason is that whether a case is false or not can only be decided by the Trial Court after appreciation of evidence. Till the Court gives a finding of acquittal and holds that the case was false, police will treat your complaint as a counter-blast. What you should do is focus on getting a strong acquittal in the pending cases. Since the cases are pending for more than 4 years, you can also move an application for speedy trial under Section 483 BNSS / Article 21. Once you are acquitted, you have the following remedies: *1. Application u/s 379 BNSS (earlier 340 CrPC) for Perjury:* You can file an application before the same trial court which acquitted you to initiate proceedings for giving false evidence under Section 229/232 BNS (193/209 IPC) and for filing false complaint. If the court is satisfied that false evidence was given, it will forward the complaint to the Magistrate. *2. Complaint u/s 217/248 BNS (182/211 IPC):* For giving false information to public servant with intent to cause injury. This can be filed before the Magistrate with all your proofs. *3. Suit for Malicious Prosecution and Defamation:* After acquittal, you can file a civil/criminal case for damages for malicious prosecution and defamation u/s 356 BNS. At this stage, instead of approaching police, collect and preserve all contradictory proofs, cross-examine effectively in trial, and aim for an acquittal with observations that the case is false and motivated. That finding will be the foundation for your future action. Consult with your trial records for detailed strategy.

Advocate Anchal LawRato