False allegation and blackmail to acquire property share.

[singh r k]

We are 2 brothers and 3 sisters in family.All are married.My parents made a will in which they named me as owner of their property since younger brother was in bad habits and ill treat my parents.Brother got married (court marriage with his girl friend) in 2014 and was legally seperated by my parents.I live seperate at my job location(different states).My fathers is no more and since his demise , from last 3-4 months brother is threatining my mother to give his share.we filed a case against him and his wife as One evening they entered our house and we called 100 for police help.His wife had filed a false complain (FIR) naming me , my mother and my eldest brother in law in rape and molestation to acquire property by blackmailing.Till now charge sheet is not filed by police.Can I file writ petition in criminal case under article 226 of the constitution of India for quashing of the first information report in Allahabad high court. How can I prove myself , my mother and my brother in law not guilty

[Dr. Ashok Dhamija]

You have said that your “parents” have made a will in your favour. You have said that your mother is alive. Please note that a will is not effective before the death of the person making the will.

You can file a petition in the high court under Section 482 of the Criminal Procedure Code for quashing of the FIR / criminal proceedings if the charge sheet is yet to be filed. If the charge sheet is already filed then you may have to file a discharge application before the trial court. In your petition, you’ll have to prove that there is no prima facie case against you even on the face of the allegations mentioned in the FIR / complaint. Consult some local lawyer for the specific grounds on facts to be taken by you, as it is not possible for us to go through the detailed facts of an individual case.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[singh r k]

Sir,
In this case FIR was not even filed . Somehow police station incharge is involved in this . My brothers wife went to police station and started crying . We were called and police threatened that women will file rape case and he will arrest my brother-in-law , my mother immediatley ( i am not in city, working in other state) . we had no option but to fulfill demands , brother and his wife asked for 25 lacs worth property and police asked for 65 thousand rupees for not to file FIR. All blackmailing happened in front of police.
we feel cheated . how can legally I save myself and my family. in this case of blackmailing , Can i stop FIR being filed , we are from UP state . Court proccedings are lenghty and here in rape case are non bailable offence hence we accepted the demands .We can’t go to jail even for one day as our respect are on stake. Any help and suggestion for future if brothers wife again does same thing.

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