Civil Procedure Code (CPC)

Threat fron a girl to file case against me u/s 376,420 etc

This query is : Resolved 

Querist : Anonymous (Querist)
06 May 2021

One of my friend had a relation since 2013 with a girl named A as GF/BF, when he was preparing for MBBS, now he become Docter then only she started to threat file the case on me telling that I have promised to marry her which is false, as she is adament to marry me and has moved to police station Mahila Thana and put there a written complaint regarding" Our physical relation happened on the promise to marry. otherwise i will have to face dire cosiquences in the form of criminal case u/s 376 & 420. Police stn Incharged called me over phone and called in Police station otherwise case will be instituted against me. Now as I dont want to marry her nor i have promised her to marry. I have send my ather to PS but SHO is calling me, there is chance SHO will institute the FIR and i will be arrested on spot in Police station, thinking this I have not visited Thana, now the SHO is telling FIR will be instituted,

May pls advice what to do in the case she file the FIR then I will have to take bail
requested to kindly provide urs valuable advice and some SC judgements in which physical relation was in fiendship but now she s telling to marry which is not possible for me.

Dr J C VashistaOnline (Expert)
07 May 2021

Mr. Anonymous,
You are required to disclose whether the case is your own or your friend's.

Whether the girl has already filed complaint or it is a threat ?

If SHO has called you (on phone) are bound to visit and cooperate otherwise you are inviting arrest, which can be avoided, if you are able to convince the Investigating Officer.

What for you need Supreme Court citation at this stage, which would be required at the time of final arguments by your counsel, where you have "no" option but to hire service of a local prudent lawyer to contest/ defend you.

It would be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Sudhir KumarOnline (Expert)
07 May 2021

You earlier tried to dub it as problem of a friend though it is your problem. You have also not cleared whether there was physical relation or not.

It is apparent that such threats of criminal case do no appear from blue moon. There must have been series of events.

Agreeing with above views I will add :-

You need citation at this stage to ensure that you land in trouble and that you need them in the court which may (or may not) come to your rescue after years of suffering.

you still have a chance to have amicable solution and police also appears to be trying this. You seem to be adamant in denying this chance to you and want to leave the Police with no option but to arrest you in non-bailable charges..

You have to live with the reality :-

(1) if she says that there was a promise to marry it means there was one.

(2) If some physical relations have taken place due to such promise of marry then you fit in the rape charges.

(3) Simply by avoiding telephone call of SHO you will that you will evade arrest (when they need to arrest) then you are like a pigeon shutting eyes on sight of cat. They paid paid/trained/equipped to deal with much harder nuts.

(4) A policeman himself is liable for non-bailable FIR against him in case he abstains from filing FIR in such case beyond reasonable limit.

(5) In case your family members (though you did not say so) also knew of this relations and now not approving marriage (which happened in many cases reported on this forum) they are also liable to be taken as co accused.

(6) When arrested on non-bailable charge one has to languish in Jail normally for months (may be for entire trial period) and Indian Jails are not as rosy as shown in Hindi movies and the also Hindi movies show the comedians to be working as cops but in real life this is not so.

I feel you may be annoyed by blunt description but you have not come to this forum for sooth saying.

Hemant AgarwalOnline (Expert)
07 May 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal

Pradipta Nath (Expert)
07 May 2021

FIR if registered, the Police can arrest you. Therefore better to comply with the Police Investigation, in that case the Police may not arrest you! Further no one can force you to marry by threat, lodge a counter complain on that before Court through a Private Complain. Aside, you should go for a paid up conference for getting citation from Supreme Court, otherwise it citation depends upon the facts that come out during trial!

Advocate Bhartesh goyalOnline (Expert)
07 May 2021

I too agree with experts.

T. Kalaiselvan, Advocate Online (Expert)
07 May 2021

Since you have been summoned by the police based on her complaint, it becomes your duty to visit the police station and give your statement denying the allegations.
But the grave risk is that the police may arrest and remand you to judicial custody on appearing before them, hence you may somehow borrow time from police to appear before them especially under the current pandemic situation.
In the meantime you may approach an advocate and try to obtain an anticipatory bail before visiting the police station to avoid arrest.
After that you can face or challenge the case in court of law on the basis of the facts and circumstances you rely upon.

Sudhir KumarOnline (Expert)
07 May 2021

Agreeing with Mr Pradipta Nath I would add that it is not that the police can arrest you they have to arrest you.

In case the police officer does not do so he hi liable to go to jail under newly added provision of IPC.

[Section 166A.
Whoever, being a public servant,–
(a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter, or
(b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or

(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

Querist : Anonymous (Querist)
14 May 2021

Dear experts
FIR has been lodges u/s 376 & 406 of the IPC . Trying for anticipatory bail can any experts help me providing the Hon'ble SC judgement in the case that the promise to marry and physical relation eshtablished 5 to 7 year ago does not comes under the charge of rape as both are above 18 and the physical relation was with consent.
Need help.

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