False FIR - Jhooti FIR – Malicious Prosecution – damages – Compensation amount against damages

DAMAGES FOR MALICIOUS PROSECUTION


I will share you a judgment of high court, in a decree to he tune of Rs. 10 Lacs were awarded to the plaintiffs/ appellants. In order to maintain suit for malicious prosecution, the Superior Courts have set certain guiding and mandatory ingredients. Following are the elements of tests for malicious prosecution.
vii. That the plaintiff was prosecuted by the defendant;
viii. That the prosecution ended in plaintiff's favour;
ix. That the defendant acted without reasonable and probable cause;
x. That the defendant was actuated by malice;
xi. That the proceedings had interfered with plaintiff's liberty and has also affected their reputation, and
xii. That the plaintiff had suffered damages

If any false, and frivolous FIR has been lodged against you.
a. Agonies of trial
b. Arrested by the local police
c. Precious time spent in facing such criminal case.
d. For how long your can run
e. Financial expenditure as well.
Ultimately, during the trial you have been acquitted.

You can file a suit for Recovery of huge amount as damages on account of malicious prosecution, defamation, mental torture, harassment, monetary and business loss, so that in future, to some extent, the false litigant may be restrained from false prosecution

Surely, the court grants decree for damages

I am referring you a judgment (2019 M L D 384) of high court, In this case, the lower court dismissed the suit of plaintiff for recovery of Rs. 2,50,00,000/- (Two and half Crore) but when it came to High Court, the High Court awarded decree to tune tune of Rs.10,00,000/- (Rupees ten lac) to the appellants.
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