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Raj Sinha   29 March 2018

Sexual harrasment at workplace false complaint

My girlfriend has filed a case of s*xual harassment in my company. She has also lodged an FIR to the police too. But the FIR was lodged before she filed the complaint in the office. The s*xual harassment and physical assault complaint descripttion is different in FIR and different in internal complaint to the company. She demanded money from me which I refused and after that she lodged the FIR and then the harassment complaint to the company. Can she do that as the case is still under investigation and subjudiced. Please suggest


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 7 Replies

KISHAN DUTT KALASKAR (Advocate)     29 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Raj Sinha   29 March 2018

Hello Sir,

I would like to know if the girl can file the s*xual harrasment complaint in the company after the lodging the FIR. Is that allowed in the law? Would that not impact the merits of the case? I would need this advice.

Vijay Raj Mahajan (Advocate)     29 March 2018

Both cases are independent to each other. The departmental inquiry will be conducted to decide your future in the company whereas the criminal proceedings followed after FIR will decide your guilt and punishment if found guilty.

Raj Sinha   29 March 2018

Hello Mr Mahajan,

Thanks for your update. But my point is that she has filed the narration of the same incident differently in FIR and in company complaint. So can I use the FIR proof as an evidence to show to my company that she is lying to my compnay regarding the incident? Can I challenge the evidences shown by her int he compnay and ask for detailed investigation in front of the committee? Its regarding mt future as she has falsely implicated me and I have a family to feed. She is my junior in company and work in my team.

Vijay Raj Mahajan (Advocate)     29 March 2018

Yes if she is making different statements in both complaints you must use these to contradict her at both places. A person making statement on oath before any authority or in court is punishable offence of perjury. You must use whatever different versions she makes against you and get benefit in your defence.

1 Like

Raj Sinha   29 March 2018

Hello Mr Mahajan,

Thank you so much for your kind advice. It is realy helpful.

Sudhir Kumar, Advocate (Advocate)     04 April 2018

she can availa both the remedies.

 

since you observe that there is contradiction in the statements given at two places you can use it in corss-examination when she appears as witness.


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