• What sections I can raise on a guy and his wife

Hi all ,

I need a quick help from you people. I did friendship with a guy who is 10years elder to me. I used to call him as uncle . After few days he started calling me so many times even i told him not to disturb me . He started blackmailing me with the pics which we took those are not harmful. Just standing close to each other and then now his wife contacted me and asked me about this I told her clearly that her husband harassed me by calling and blackmailing he sent me so many mails to talk to him I blocked in my phone and all social network sites. He created so many profiles and started msgimg me I told her clearly and I visited his place once as I was leaving to my native . One thing to be clear I never had any relationship sex or any kind of physical relationship now he created many chats vulgarly and blackmailing me that he will contact my parents he is also saying I need to give him money that he spent on me when we were friends to be frank he dint gift me or he dint give me money personally. Just like dinner breakfast kind of stuff that's it . Now he and his wife started calling my friends and disturbing them also.plese help me how can I proceed next.his wife is saying that I had sex with him and all she and he will complaint to police on me and inform my parents on this. Please help me what to do
Asked 7 years ago in Criminal Law
Religion: Hindu

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9 Answers

1) file police complaint against the uncle and his wife under section 506 of IPC for criminal intimidation

2) record all his threats

3) if they are maligning your reputation file police complaint under section 500 of IPC for defamation

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Before they go ahead and file a false complaint to frame you it is better that you make the first move by filing a criminal complaint for criminal intimidation and outraging the modesty of a woman against them. The sections are 354 and 506 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. I am not sure why are keeping mum over this issue.

2.it is the person who is at the wrong side of law for which there is stringent punishment .

3. No case lies agaisnt you and hence there is nothing to worry about.

4.Immediately go to Police and lodge complaint of sexual harassment.,stalking and blackmailing. These are non -bailable sections.

5.So once you lodge the complaint he would be arrested and all your ordeal will come to an end.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

If you want to take legal action against him or his wife or both then you may file a complaint before police or court or file a civil suit for injunction order before civil court.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

They can not file complaint against you after filing complaint by you.

If they threaten to defame you then you may file a civil suit for injunction and defamation before civil court and claim compensation.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

They are at Liberty to file police complaint but they will have to prove allegations made in complaint

2) tell them to produce evidence in their possession

3) if they seek to ruin your reputation you can also file civil suit for damages against them

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Now he and his wife started calling my friends and disturbing them also.plese help me how can I proceed next.his wife is saying that I had sex with him and all she and he will complaint to police on me and inform my parents on this. Please help me what to do

If her wife suspects that her husband had sex with you, she can do nothing about it legally.

Her complaint with the police will not entertained since there is no law restricting a man to have sex with a third person other than his wife.

But you can lodge a criminal complaint against him for torturing and creating nuisance to you with the help of some photographs This will help you protect your interests. and safety.

.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Is there any chance they can file complaint on me after I file a complaint on them. Now he and his wife is saying that they have proofs that I slept with him ( those are fake) she is threading me that they will start telling about me to all my family and relatives and friends. Is there any chance that they can't file a complaint on me ? Please help me . She should take action on him if that is true y she is coming behind me in this case I have no clue. Does she have any right to talk to me like that ? Will be waiting for your replies

They cannot lodge any criminal complaint against you for this reason, you may give statement before police about the case history.

His wife cannot file any case this way and she has to prove that you had sex with him but this would come into effect only when a husband lodges such complaint against the adulterer who indulges in adultery with his wife and not by a wife against the adulterer wife.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

Yes they can do that. Framing somebody is not a difficult task in India, but if you have previously filed a criminal complaint against them then you may be able to prove their case is a counter blast.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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