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XYZ (executive)     27 August 2013

Need urgent help for 354

Hi,

I need urgent help. I have made a complaint FIR against one of my ex colleague upon which he is been charged section 354.

He and I were very good and close friends; we worked together in a private company for 2 years. We both came to know each other in the office only. We used have lunch together and used to share each and everything with each other. But at times, he is very diplomatic and egoistic, so also we used to have fights regularly on one or the other things. First the fights started from the office work, and then slowly n steadily at our personal life. He became very much possessive about me. The fights came to an extent that he started harassing me n torturing me in all ways. He used to follow me till my home, he used to call on my residence number to give blank calls or to scare me so that I wil talk to him and I have to forcefully call him up to talk to him. Whenver we left from the office, he used to fight with me anywhr on the streets, railway station anywhere and used to snatch my cell phone and had taken all my family members number to torture me if in case if I wil not talk to him so he wil scare me calling them and even did this many a times giving blank calls to my family members. But a times he was a very good friend, everyday we used to fight n the next day he was guilty abt his behavior and ask for apology n last chance to be normal, so I also used to let it go thinking as he is very mch younger than me and if I said all this to anyone his career n life wil get spoil and even mine. I was scared of my family members n abt my job.

We used to talk on phone regularly for hours n hours n he used to give me missed calls continuously n forcefully I used to call him otherwise if I didn’t called him he wil call my residence number or anyone else in my family. So because of this I used to call him. And if I didn’t talked to him n didn’t met him, he used make suicide attempts by writing suicide notes on my name and he has tried many a times all this suicide attempts to fear me so that I wil be with him n talk to him.

As I mentioned, we were good n closed friends, he used many a times helped me in my personal n professional life but at times he was intolerable but I always letted it go thinking of he will understand slowly and everyday I used to make him understand that all his behavior doesn’t make any sense at least we both have to regret. We used to roam here and there many a times and he had many of my pictures but when I always asked him to delete the pictures he used to deny for the same. All this took place for almst 8 to 9 months.

All this came to an extreme extent that I resigned from my job one day because of his behavior, harassment n torture to me. But when my boss came to know about everything, my boss terminated him from his job n called me back to the office. After knowing this, he made more n more advances towards me as if the fights are between both so only he got terminated, even I should be terminated but even my boss n other colleagues knows his behavior.  He continued calling me harassing me in the same manner but then too I didn’t complaint anyone more abt this and everyone told me to make a NC against him bt I didn’t thinking that he is very much younger but as time passes he wil know to understand.

But one day on my way to office in the morning, he stopped me and asked me to come along with him and was forcefully talking to me, was pulling my hands on the way. I started crying there and called up my family n said them all the incident that time and asked them to cum. He was not allowing me to go to the office and said me to talk to him n forcefully to come with him and told I wont let u go to the office today at any cost. He started making my way n walking and I tried to catch a cab to go home but at that time he got scared that I called up my parents n told everything to them so he called up the control room n called the police stating that I am attempting suicide. The police van came n took us to the police station. They asked me everything and made a FIR.  My office people came there and my family members. My statement was taken and he was charged under section 354 and was released after 2 days upon bail. He mentioned the cops that she is my girlfriend and we are having an affair and had some fights and so she is attempting suicide and I was trying to save her.

But after that incident he didn’t t harassed me or tortured me in any ways.  The cops called me after 10-15 days to ask if he is harassing you in any sense now, so I said no nothing now. So they said we are filing a case n you have to come to Police station again, so me and my family members told them that we do not want to file any case against him, whatever happened that is enough n we do not want to take it further and my parents went to police station to talk to the cops. There the cops were forcing that you cant take it back because the chargesheet is prepared already and we are going to file a case.

But my parents completely n me compeletely denied them to move further n file a case and then at that time they said ok, we wil make u both sign a bond in court at once so that he wont do anything in future.

 

But when we again called up the cops to ask when should we come to finish it off so they said that u have to directly come to the court and the case is already been filed, and we will send warrant to both of you n you have arrange for a lawyer n court hearing letter wil be given to ur residence and cant say how many times you need to go to the court. My parents said that u cant file the case without our permission n knowledge, we didn’t ever agreed on this but they did it forcefully on their own and said us that now u people handle it what to do, the case is already been filed and now all the investigations will be done for both of you as in the sense with all the witness and harassing on calls even so they said they will pull the call records but in the call records I have always called him n the conversation was for hours and hours. The guy is also guilty and we both do not want to step it further but the cops are doing it forcefully.

 

So please help me now wht to do further ?? Is there any way to take it back ? Or if it is filed so what wil be the consequences. Please help me please .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 2 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     28 August 2013

Dear,

 Just mention the fact to the concerned Judicial Magistrate before whom the matter would be listed that you do not want to pursue the case and even at the time when the FIR was filled, you insisted not to get it filled.

Or the boy could get the FIR quashed u/s 482 crpc, 1973........

Advocate Kapil Chandna

9911218741

XYZ (executive)     01 September 2013

Dear Sir, 

 

Thanks for ur valuable feedback and reply to me.

Also, is there any investigation done prior to the court hearing as the cops told us that a warrant and a court hearing letter wil be send to both of us ?? 

And also, do we need to hire some lawyers for this or it can be sorted out without any lawyer.

 

Please reply.

 

 


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