sachin (engineer) 11 March 2011

My engagement, which I don't wish to continue.

Its regarding my engagement, which I dont wish to continue.

I met with a girl (shubhangi ) online on a matrimony site. We officially got engaged on (08-11-2011). But it turned out that our views and thoughts do not match. I was convinced from our telephonic communication that we would not be a compatible, comfortable and suitable couple. I decided to back off and told her about my decision. She was not happy with my decision. She developed the understanding that i am having an affair with my friend Smita with whom i have friendship form last five years.whenever i used to talk to her she keep accusing me of having affair with my friend. i was sick of her accusation, frustrated by her accusation so i started loosing faith in her. On 20th Jan she asked me through sms that "r u still in relationship with her".i replied "yes i am in relationship with her and i am going to marry her this month only".she replied "i was bit worried about my family,they r stable now,ok fine no issue, u marry her all the best".i took a sigh of relief but sho! ckingly she use the reply sent by me as an evidence for breach of trust and registered FIR against me and all my family members. They charged me under IPC 406,420 and 34.

in the FIR she said we got engaged on 8th Nov 2011, her father gave the amount of 2 lakhs to my father (which is an outright lie). It was decided that marriage should be arranged in may 2011. Later my mother told girl's mother that Sachin doesn't want to marry as he is in relationship with his friend and we were aware about this before engagement. She said that the same thing is confirmed by Sachin through sms. and hence he had broken the engagement and doesn't want to marry Shubhangi.

current situation is - i and my family members are on bail and every Monday i need to go to station for attendance.

As per advice of my advocate i have given the statement that we got engaged but girl called me up and said she is having an affair and hence i broke the engagement.

my mother gave the statement that i told her that girl is having an affair and hence i don't want to marry her. My mother conveyed this to her mother.

my friend Smita came to police station and gave the statement that Sachin & i are just friends.

Investigating officer has completed his investigation and in his report he said we are guilty of breach of trust and regarding money there is no such proof.

I am looking for answer to following questions

· Please confirm whether backing off from an engagement is an criminal act/offense or what?

· Please confirm whether backing off from an engagement after accepting money (which is false) is an criminal act or not?

· Can I marry my friend who is been accused for breaking my engagement by maintaining an affair with me. Do consider my statement in which I said we are just friends and my friend has also given the same statement.In the FIR lodged by them which they have registered against my friend's name as well.

· In case there is no bar for marriage then what should be my answer to prosecution question about affair with my friend? It will become relatively easy for them to prove in the court that there was already an affair and hence I broke the engagement; if my answer is not suitable.

· How long case will take considering that charge sheet will be submitted by 20 th march?

· What if we loose the case?

· Can we marry before the case ends, say within 6- 7 months?

· Will loosing the case (in case) affect my job?

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13 Replies

Legal Fighter (Advocate) 11 March 2011

search "save indian family" on google and attend local weekly meeting. it is very difficult to give detailed advice on internet without understanding all the facts.

Tajobsindia (Senior Partner ) 11 March 2011

@ Author,

1. If one and or both of you have subscribed ot SMS save option on sever with service provider then via Court Summon those cellphone operators records can be produced to establish her stand.

2. However, to bail you out all you have to prove is to produce your this friend Smitha and get her stated that both of you are just friends and her denial of any sorts of marriage inclination with you thus your further denial to have teased this lady must come on records.

3. Since the IO could not do investigation on course of money and or could not establish its entrustment he has not included it in his Status Report which can still be denied from your side.

Sum total least to least you will booked under teasing that also if their side are able to prove the intention / grievous hurt and breach of contract.

Foreign Marriage (Mgr) 13 March 2011

Sachin, by naievity and some loose talk you have played into the hands of unscrupulous people. But overall i believe it has happened for good because such parties could have charged you for false cruelty after marriage.

The police chargesheet means nothing and the police are not your friends. They are in our society only to harass us and they wont support you in court anyways.

Dont take any steps where the complainants can prove that you are aiming for marriage or in any sort of relationship with another woman until the case comes to a logical conclusion

sachin (engineer) 13 March 2011

sir,thanks for advice,further please advice whether i can file petition in high court for quashing of fir as they have book my two brother who have nothing to do with this and since they dont have any evidence about money transaction.

(Guest)

yes your can file a writ petition against the FIR

(Guest)

Dear

First you have to went High Court for Stay & quashed the FIR and if chargesheet filed against you than go to Proceeding stay in court.

prove your claim in writ petition before HIGH Court.

(Guest)

Dear

Meeting with a criminal lawyer. don't vest time. all experts hv provide you satisfactory replies.

sachin (engineer) 13 March 2011

thanks for reply,i need u contact no

(Guest)

@sachin: Look, I am not a lawyer, so my advice might be a bit controversial.
First try to make this girl blab out that she was insecure about your relationship with Smita.
PRETEND that you have succumbed to the pressure and want to marry her and address all her worries. Gain her trust and get her statements on record that she had been accusing you for a long time about the affair with smita. I don't think you have much to lose here, given that you're already worked yourself in a tight corner.

(Guest)

You can also ask when the 2 lacs was paid and ask them to show bank record of withdrawal etc. Nobody keeps 2 lacs cash in the house.

(Guest)

There's a factual error in your post, you mention repeatedly that engagement took place on 8 Nov 2011

Saurabh..V (Law Consultant) 27 June 2011

The guy first publically made engagement ceremony and now suddenly we wakes up to the fact that he is in love with his colleague. This case certainly was mishandled.

May be as @Uma rightly said, the author should try gaining confidence of the girl and get her statements in your favor. Else when the ceremony was made in presence of many persons, and the author could not prove any misalignment with the complainant, he would land in trouble.

But yes, certainly, as the I/O himself is a gentleman, he thrown-out the claim of Rs.2 lac for the want to evidence, so your family would be safe.

But yes, marriage with your friend while your case is pending, would certainly tilt the opinion of the judge against you.

//peace

/Saurabh..V

Deepak Vasudevan (Tech Architect) 28 June 2011

I am really concerned. The marriage itself hasn't happened yet and the prime entities had been proactively frank, honest and open right after the engagement. So from where on earth the breach of trust issue erupted. I think some other relative or third-party is injecting venomous spirit into the fine fabric.