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SYes, they’re all non cognizable. But the severity of its effect on your career and going abroad is a complex issue. I cannot say for sure what will happen. Some countries allow people who have been acquitted, while some companies/countries do not if you have even been charged with unlawful assembly, assault/battery etc at some point. I am unable to give you an answer as to what the exact effect will be.SThe police does not need the thief’s “permission” to file a chargesheet of Public Nuisance (Section 278 and 290 IPC), Section 31 and 34 of the Indian Police Act of 1861, Unlawful Assembly, Rioting etc among others.
Indian Police has broad discretionary powers to file whatever case they want, with little to no evidence necessary.
SWhether or not you face charges it not for you to decide. The police will do so, and then you either pay them (and they file a closure report), or you don’t and it goes to Court where your lawyer will explain it to the Judge (the thief’s video is immaterial as it is not considered valid under Evidence Act). Judge will most likely rule in your favor.But you will need a lawyer.
SUse some of that recovered money and get a lawyer. The police will do whatever it takes to frame you in a case, not to dispense justice, but to collect money from you. Them filing or not filing a case against the thief is immaterial, since they have nothing to gain from him.SWho is your lawyer? Why did your uncle pay 7k instead of to the lawyer? Why not file a WP in the High Court?SAre you referring to 338 IPC? That’s weird. IPC has been repealed. But if true, it carries imprisonment of upto 2 years.SLawyer here.Since she was driving, legally, all the blame and chargesheet is going to be on her. There may be civil litigation with the dealer, but that’s just a financial side.
Running over someone/hitting someone with a driving car is a big deal, and almost always an accident. Nobody does it on purpose. If they did, it wouldn’t be called an accident.
SLawyer here.India does not have the concept of punitive or exemplary punishments, especially in civil litigation matters. There have been many previous such instances in our country, and the financial awards are usually a few thousand Rupees, occasionally not even covering legal expenses.
SLawyer here.Your father did the biggest property mistake of all: trusting others.
There is no easy way here. The house cannot be sold, because it is on land which belongs to all three, and cannot be sold without their NOC. What you need to do is file a partition suit in your district court and wait for the outcome. Expected timeline is easily 5-10 years, unless you get very lucky. This is the only legal way.
The other way is to get all parties to the table, decide to sell everything and take 1/3rd each, mutually, without expensive Court costs and time being involved. But I assume that’s already been tried.
SThis is simple extortion, and there is legal recourse for it. But without a police complaint, the legal process cannot start. In that case, don’t understand what kind of legal advice you’ve come for here.
