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 judiciary exam aspirant from City A, faced a challenging situation with his tenant Mr.Y. The tenant had not paid electricity bills for nearly twelve months, accumulating substantial dues. When Mr.X approached Mr.Y for payment on DD/MM/YYYY, a heated argument ensued. The situation escalated into a physical altercation where both parties allegedly assaulted each other. Mr.Y immediately filed an FIR against Mr.X for assault and criminal intimidation. In response, Mr.X filed a cross-FIR alleging similar charges against Mr.Y. Both cases were registered at Area X police station. Mr.X was particularly concerned about how these criminal cases might affect his judiciary examination prospects and future career in the legal profession.

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 evidence immediately including medical reports, witness statements, and photographs of injuries
• Avoid any direct contact with the opposing party during the legal proceedings
• Maintain records of all rental agreements, electricity bill payment defaults, and previous communications

Applicable Sections of Law

The case involves multiple provisions under Bharatiya Nyaya Sanhita (BNS). Section 115 BNS covers voluntarily causing hurt, while Section 117 BNS addresses causing grievous hurt. Section 351(2) BNS deals with criminal intimidation. Section 352 BNS covers intentional insult with intent to provoke breach of peace. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 governs the filing of cross-FIRs and investigation procedures. These provisions collectively address the physical altercation, threats, and procedural aspects of dual criminal complaints filed by both parties in the tenant dispute.

If You Are the Complainant

• File FIR immediately with detailed account of events and injuries sustained
• Gather all documentary evidence including rental agreements and payment default records
• Obtain medical examination report from government hospital for injury documentation
• Collect witness statements from neighbors or anyone present during the incident
• Maintain detailed timeline of events leading to the physical altercation

If You Are the Victim

• Seek immediate medical attention and preserve all medical records as evidence
• File counter-FIR if you believe the other party is equally culpable
• Document all previous interactions and disputes with photographic evidence
• Avoid making any admissions or statements without legal counsel present
• Apply for anticipatory bail if there’s risk of arrest

How the Police Behave in Such Cases

Police typically treat tenant disputes with caution, especially when cross-FIRs are filed. They often attempt mediation initially and may arrest both parties if evidence suggests mutual culpability. Investigation involves recording statements from both sides, collecting medical evidence, and examining witnesses. Police may also verify rental agreements and payment histories to understand the dispute’s background.

FAQs People Normally Have

Will cross-FIR affect judiciary exam eligibility? Criminal cases pending or resulting in conviction can impact judiciary exam eligibility depending on examination rules and case severity.

Can both parties be convicted? Yes, in cross-FIR cases, both parties can face conviction if evidence proves mutual culpability.

Is settlement possible? Yes, parties can reach mutual settlement and file joint applications for case withdrawal under Section 358 BNSS.

What about anticipatory bail? Both parties should apply for anticipatory bail immediately to avoid arrest during investigation.

What Evidence Is Required?

• Medical reports documenting injuries sustained by both parties
• Rental agreement and electricity bill payment default records
• Witness statements from neighbors or bystanders present during altercation
• Photographs of injuries and property damage if any
• Previous communication records showing dispute escalation
• CCTV footage from nearby areas if available
• Expert medical opinion on severity and nature of injuries

How Long Will the Investigation Take?

Cross-FIR investigations typically take 3-6 months depending on case complexity and evidence availability. Police must investigate both complaints simultaneously, which may extend the timeline. Court proceedings can take 1-3 years for final disposal, especially if both cases proceed to trial.

Advocate Sudhir Rao, Supreme Court of India