Ipc 420, 417
Querist :
Anonymous
(Querist) 30 November 2011
This query is : Resolved
I ve been falsely booked under IPC 417, 420 by a girl whom i hardly know. She got acquainted thru a social site and she was hurryin things like love and marriage. She played a drama and made me believe she loves me. I was believing her but i had t confirm who she really is. Then started to know her intention. I broke off. She insisted that i should marry her, used rowdies to threaten me, i didn't accept. Later i was called to Women Police station saying i have raped her and cheated her of Rs. 8laks and refusing to marry her. I was remanded and served in jail, cause i dint get AB or Bail after that for 12 days.
She is politically strong and should ve bribed the police as they were not at all ready to hear my opinion. I come from a decent background and have done my MBA from a reputed college. They were blind folded by her money. I lost all my name both personally and professionally.
Its been one year now. Nothing happened after that, she tried to apologise and make me her husband, i ignored her. Now i am willing to close this case. There is no chargesheet filed yet and i don know where she is. Thru a private detective i came to know that she is in the business of blackmailing guys.
Now, after 2yrs the police has chargesheeted and it contains only the statement of the lady. She is still in the hide and even police are able to trace her. They ask my help to find her but i refused.
I have been going to court every month, so far 6 times. everytime the date gets extended, but nothing moved. My Advocate came once to court to insist the magistrate to expedite the case. but still i m worried abt my future.
I m , now, married with a one yr old kid. My future looks bleak. Not able to take up new job or plan anything.
Please suggest me, what should i do to come out clean. I assure you. Please help.
ajay sethi
(Expert) 30 November 2011
you have been taken to the cleaners by the lady .
ask the private detective to gather some evidence in support of your contention that she is in habit of black mailing guys . then some of the guys can get together and lodge counter complaint against her
yo can also move the high court under section 482 for quashing if there is no evidence against you
Devajyoti Barman
(Expert) 30 November 2011
When the case is already initiated you have no option but to face trial and come out clean unless both of you settle the case earlier.
Another option is definitely quashing.
Advocate. Arunagiri
(Expert) 30 November 2011
If she is blackmailing you, you can give a police complaint on her, supported by proof for your complaint.
prabhakar singh
(Expert) 01 December 2011
There is no chargesheet filed yet even after one year now quash may be a remedy for you.
Shonee Kapoor
(Expert) 02 December 2011
Quash may not be a remedy Prabhakar Sir, as the police has not completed investigations.
If she is blackmailing, record and produce it in courts. Also you can file a case of extortion.
You have been advised some pointers by Ld. Mr. Sethi, there are other forums also where such ideas are discussed, please dig them and help yourself.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 02 December 2011
Thank you all for ur suggestions.
The detective is no more useful as he demands more money. I really don know the intention of the lady as she knows i am not worth the money she demands. May be she is done cheatin and want to settle with me.. I already have a case filed against her, but she cant be reached or she fled away, i m nt sure.
Please advise one more thing, Now i should go to court to quash the case or to the police station to withdraw?
Devajyoti Barman
(Expert) 03 December 2011
Without seeing the whole c ase it is difficult to reply.
Querist :
Anonymous
(Querist) 27 March 2013
It is more than two years now, my case has been started and i received my chargeshee two months back. After that i have been to court for two times to be adjourned to April 15th.
in meantime, i tried to quash/MF. APP also offered his assistance, of course for a hefty sum. if i was really guilty i would have paid. But i am nt economically sound and nt guilty too. so i refused and chose to stand the trials.
The police are asking me abt the whereabouts of the lady. still they are nt able to reach her.
Now i have an advocate, who is helping me. He said quashing will take a yr or so. its better to go for trials.
The charge sheet given has only the statement given by the lady and her aide. no evidence as such is given.
My questions are
1. What if the lady never appears
2. How long it will take to closure or any other way to come out.
3. Should i also search of the lady (i hv her few details which can be of use)
for your info, i have all evidence for defence, but it can be used only if the trial begins. I am worried tht i will be dragged on continuously.
