One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr. X, a 22-year-old man, and his brother found themselves in a complex legal situation when a family property dispute with their uncle Mr. Y escalated into violence in DD/MM/YYYY. What started as a disagreement over ancestral property in City A turned into a physical altercation between both sides. Following the incident, both parties filed counter FIRs against each other under BNS sections 115(2) for voluntarily causing hurt, 296 for disturbing public peace, 3(5) for criminal conspiracy, and 351(2) for assault. The matter created significant family tension and required careful legal navigation. Both families realized that the criminal cases would only worsen their relationship and potentially harm Mr. X’s government job aspirations, leading them to explore settlement options through proper legal channels.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Document all incidents and gather witness statements immediately
• Avoid any further contact or confrontation with the opposing party
• Consider mediation through family elders before proceeding with criminal litigation
• Maintain detailed records of property documents and ownership proofs

Applicable Sections of Law

The case involves multiple provisions under the Bharatiya Nyaya Sanhita (BNS) and procedures under Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 115(2) BNS deals with voluntarily causing hurt, while Section 296 BNS covers acts that disturb public tranquility. Section 3(5) BNS pertains to criminal conspiracy when multiple persons plan to commit an offense. Section 351(2) BNS addresses assault with intent to use criminal force. Under BNSS, Section 173 governs the filing of counter-complaints, while Section 174 deals with investigation procedures. The settlement process is covered under Section 320 BNSS for compoundable offenses.

If You Are the Complainant

• File a detailed complaint with all supporting documents and evidence
• Ensure witness statements are recorded promptly and accurately
• Maintain a copy of medical reports if any injuries were sustained
• Cooperate fully with police investigation while staying within legal bounds
• Keep detailed records of all property-related documents and ownership proofs

If You Are the Victim

• Seek immediate medical attention and preserve all medical records as evidence
• File a counter-complaint if false allegations have been made against you
• Gather character witnesses who can testify to your good reputation
• Document your version of events in writing while memory is fresh
• Avoid making any statements to police without legal counsel present

How the Police Behave in Such Cases

In family property disputes with counter FIRs, police typically attempt to mediate between parties initially. They may call both sides for questioning and try to understand the root cause of the conflict. Police often suggest settlement through compromise as these cases can drag on for years. However, they are legally bound to investigate when formal complaints are filed. Officers may conduct site visits to understand the property layout and speak with neighbors as witnesses.

FAQs People Normally Have

• Can both FIRs proceed simultaneously? Yes, both cases can proceed independently as separate criminal matters.
• Will this affect government job prospects? Pending criminal cases may create complications during background verification processes.
• Can the cases be settled out of court? Yes, through mutual compromise and court-approved settlement for compoundable offenses.
• How long do such cases typically take? Family dispute cases can take 2-5 years depending on court workload and complexity.

What Evidence Is Required?

• Medical reports and photographs of any injuries sustained
• Witness statements from neighbors or bystanders present during incident
• Property documents establishing ownership and dispute details
• Video footage from security cameras or mobile phones if available
• Previous correspondence or messages between parties showing dispute history
• Character witnesses who can testify to each party’s reputation
• Police panchnama and scene of crime documentation

How Long Will the Investigation Take?

Police investigation in counter FIR cases typically takes 60-90 days under BNSS provisions. However, family disputes often require additional time for thorough investigation of property records and witness statements. The process may extend if parties are uncooperative or if evidence collection is complex. Settlement negotiations can expedite closure, while contested matters may take 6-12 months for complete investigation and chargesheet filing.

Advocate Sudhir Rao, Supreme Court of India