Legal Question in Criminal Law in India
I have taken an aba due to harassment by police on a written compliant lodge by the ex buyer of my flat. The buyer after registering the same agreement wanted to renegotiate the price and started sending me threating mails. I waited and sent him a legal notice 20 days before the agreement was supposed to expire and also filed an NC for his threating mails and calls with the same police station where he has filed a complain . he still kept on harassing me saying I have not given any document confirming the measurement of the flat etc. However I had given him all possible docs related to my property which is recorded clearly in the registered agreement. On expiry of the agreement i sent him a termination letter on non receipt of balance payment due and requested him to collect his advance payment and sign the cancellation deed.The signing of cancellation deed was the basis of return of his payment and he was bound to do so within 15 days of my termination notice. he never came back. however he has now after four months lodged a complain with police and the police started harassing me. My lawyers suggested that i first take protection by taking an ABA and then once the police submits the report after 15 days in court we crush any FIR at all that may be registered. I have given the police a complete dope of what happened with documentary evidence and have submitted the acceptance of police to the court also. the buyer has threatened of suicide in his written complain for cheating on false ground of less area sold to him when the area mentioned in the sale agreement and my original agreement is same.
i have the following queries:
1. Is applying for an ABA since i was being harassed by the police a negative thing ?
2. the buyer has hidden the fact that the agreement was terminated as per the termination clause can I take him to court for filing false complain against me?
3. the police have not called me for any statement after hearing I have applied for aba is it that the police will now try to frame a chargesheet?
4. I am completely clean and all proof supplied by me is documented however being a common man i am afraid of the legal loop I might get into please advise.
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