• False case of 354(d), 506 and 509 against my brother

Hello Sirs, 

I have a brother of age 21, who has been in MUTUAL LOVE with a girl over the last 3 years. Everybody in our locality knew this (except her father till the last 1 month).The girl family is residing beside our home for the last 20 years.
Before one month the girl’s father came to know this and filed a police case against my brother (of sexual harassment, criminal intimidation etc.) .Unfortunately the Girl was completely Brain washed and she’s said that she doesn't even know who my brother is , never met or talked with him. She even went with her father to file a case. We settled the issue on the same day with few well-wishers of both families and local political leaders. We came to an agreement (on white paper) that they should not disturb our privacy and we will not disturb them. The case was not even filed at that time and it was closed outside the police station. There was an agreement signed (on white paper) by my dad, brother, the girl and his father that we will leave the issue there it self and not interfere in each other’s matters in future. My parents, I and our family counselled my brother and he agreed to stay away from girl and all these things. He completely left everything and started to mind his own business. (Actually he completely got fed up with the girl’s character and he left her thoughts).

15 days after this incident, the girl got a marriage proposal and it was cancelled when the other party came to know all these issues which are happened. We are completely unaware of who told them and how the proposal got disturbed. We are no way related to this incident. 

Suddenly, the next day, his father went to the police station again with his daughter and filed a case against my brother under the sections 506 (criminal intimidation), 509(modesty of woman) and 354d (stalking a woman)

we have got few letters which girl wrote to my brother, we have call lists with us (of hours conversation between  girl and my brother), few gifts which they exchanged etc. but they are least bothered at-least to check what they are. 
The police are not even bothered to hear our version on what happened.
Now we have got a bail and the case has been referred to the court. As per the latest information I have got, they have sent the charge sheet to the court. 
So, 

1. When I asked about this to the local lawyers and all , they say only one thing, no police will listen what the boys says in such cases, the police have the complete authority to book the case in such circumstances without even verifying the facts. IS THIS TRUE ? 
2. The girl’s father completely maligned our reputation in every possible way, even though we are innocent. He is still maligning us with all the false propaganda. Do we have to sit quiet and accept what he says? WHAT IS THE BIGGEST PUNISHMENT WE CAN GIVE HIM -- LEGALLY (any cases that we can file, how can we get the justice and let all the people know that his daughter is the actual culprit). If we can file any cases against him (defamation, for registering false FIR, etc.), when is the right time to do that? 
3. How should we use the proofs that we have got for their relationship.  
4. He is still searching for all the available options to defame us does he still have any options to again go to the police station and file any further cases on us ? My parents are really tensed thinking that what happens if he again go to the police station and files any other false case on us? IS THAT POSSIBLE? 
Will the police at least hear what our version is if he files a second case against us? 
5. What should we do now, which can prove our innocence and his guilt?  How should we act in the future in regards with the case filed?  What are the  DO's and DON'Ts  for us? 
6. What will be the impact of this CASE on my brother’s future?
7. At what point of the time, will the case can be taken back by them, can this be settled out of court?  

Regards, 
Kumar.
Asked 2 years ago in Criminal Law from Hyderabad, Andhra Pradesh
1. Since you have got bail from the court the first hurdle has been crossed. The proof which you presented to the police should have been considered by it, but the way police functions in this country is a far cry from the manner in which a police force must function. So do not rely on police to lean in your favour.

2. Legally speaking, you can file a case for defamation against him, but it should be done only after your brother is exonerated by the court. Filing a counter case at this juncture can be highly counter productive.

3. The proof which you have in support of your brother should be produced in the court to rebut the case of the police. The court will consider every evidence in a careful manner. Police may not hear your version, but the court will.

4. If he files any fresh case against you then seek anticipatory bail immediately. Alternatively, you can move the High Court to seek protection against fresh false cases.

5. Contest the case on merits. In consultation with your lawyer explore the possibility of applying for quashing of the case. The agreement entered into between your father and her father has no value in the eyes of the law.

6. If held guilty your brother may not be able to find any employment. Furthermore, he may be denied passport and/or visa.

7. The girl and her family is in the driver's seat, so they wont take the case back. Concentrate on proving your innocence on merits as the case has now reached a decisive stage.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If the Police is not taking the evidence produced by you under consideration, you can file a complaint to the Ilaqa Magistrate producing all the evidence before him. Further, the evidence as told by you can be used during your defence evidence if the chargesheet is filed. You need not sit quietly against the false cases filed by her and her father. the defamation suit can be filed but do not file it right away because that may go against you in the court proceedings.

You will have to contest the case of merits. The agreement signed by your father and her father needs to be disclosed when u file the complaint before the Magistrate. Further, are there any calls/conversations between your brother and the girl after the agreement was signed? That may go against you if there was any.

They cannot file any other case against you since as per the facts your brother is not speaking with the girl anymore. You must file the complaint for producing false evidence and giving wrong information to police against them before the Magistrate who can take cognizance of the offence if desired.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
As this juncture concentrate on defending the case on merit. After amendment to the CrPC Police is bound to register a case on the complaint of woman so your reasoning with the Police did not help you. Your lawyer can argue at the charge stage if the same is not framed yet. The evidence you possess is going to help you. You can file a defamatory case against the complainant but you will have to wait for honorable acquittal .
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Dear Kumar
My opinion on your queries are as under:

1. When I asked about this to the local lawyers and all , they say only one thing, no police will listen what the boys says in such cases, the police have the complete authority to book the case in such circumstances without even verifying the facts. IS THIS TRUE ? 
Opinion: Yes the police is bound to registered a case without listening the boy's side.
 
2. The girl’s father completely maligned our reputation in every possible way, even though we are innocent. He is still maligning us with all the false propaganda. Do we have to sit quiet and accept what he says? WHAT IS THE BIGGEST PUNISHMENT WE CAN GIVE HIM -- LEGALLY (any cases that we can file, how can we get the justice and let all the people know that his daughter is the actual culprit). If we can file any cases against him (defamation, for registering false FIR, etc.), when is the right time to do that? 
Opinion: When the bail has been grant then no need to worry, fight the case on merit with the help of the evidence, you may file a quashing petition before HC against the Chargesheet filed by the police. No need to file any false cases, when the court pass an acquittal order then you may file a criminal case for malicious prosecution against her and her father or file a defamation case before court of law.


3. How should we use the proofs that we have got for their relationship.  
Opinion: At the time of examination, your counsel may cross the complainant and other witnesses and after that at the time of defense evidence you may uses all the evidences.

4. He is still searching for all the available options to defame us does he still have any options to again go to the police station and file any further cases on us ? My parents are really tensed thinking that what happens if he again go to the police station and files any other false case on us? IS THAT POSSIBLE? 
Opinion: Every thing is possible and impossible it is the mind and future is uncertain, so nobody may judge.

Will the police at least hear what our version is if he files a second case against us? 
Opinion: Its depend on the case, it may be she is not going to file another case or cases.

5. What should we do now, which can prove our innocence and his guilt?  How should we act in the future in regards with the case filed?  What are the  DO's and DON'Ts  for us? 
Opinion: fight the case on merit with the help of lawyer, if you think that you are able to fight the case yourself then there is no need of any lawyer.

6. What will be the impact of this CASE on my brother’s future?
Opinion: It's depend on the future, decision of the court.

7. At what point of the time, will the case can be taken back by them, can this be settled out of court?  
Opinion: Yes, if there is any chance to settle the matter amicably then go ahead and try to settle the matter with the help of court, you may approach to court for mediation.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Have the charges been framed by the court? If your brother is exonerated he can live a normal life and there will be no hassles in him getting an employment, passport/visa, etc.

2. Human Rights Commission has no authority to deal with your case. So don't unnecessarily complicate the matter.

3. A magistrate cannot quash a FIR, only the High Court can. To protect yourself from being implicated in further false cases the remedy of moving the High Court may be availed. No remedy is more effective than going to High Court.

4. Since the postpaid number from which your brother made the calls is owned by you even you can be added as an accused in the case.

5. The hand written letter by the girl to your brother can be used subject to its contents.

6. Any independent witnesses who can testify in your brother's favour will be icing on the cake.

7. The agreement made between your and her father will have no significance in the court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can not try to punish her/them. You can only pray for relief for the injustice meted on you and/or pray for justice against the illegal torture forced upon you. The court will award punishment after hearing both the psrtirs,

2. Since you have already got the bail 80% of your problem is already over,

3. Now the Court will hear you and you can very well file all the evidence you have to prove that false case has been filed against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. If you the police case filed against you is disposed of in your favour for want of acceptable evidence, you can file a defamation cae against them,

2. You can also file against them for filing a false case against you,

3. The proper time will be after you are exonerated form the allegations levelled against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Has the charge sheet been filed? 
If yes your brother should proceed with filing a petition before the High Court for quashing of charge sheet. alternatively your brother may file an application for discharge under S.227 Cr.P.C and lead evidence regarding his innocence.In case the court refuses to discharge him, he may knock the doors of High Court. 
For more details you may send correspond via email or phone.
Tulika Prakash
Advocate, Gurgaon
113 Answers
66 Consultations
5.0 on 5.0
Dear Kumar
My opinion on your queries are as under:

If it is proved in court that my brother is not guilty and the case is closed. Will that have an effect on my brothers carrier, or in getting visa, passport etc.? 

Opinion: There is no effect on the carrier of your brother if he get acquittal by the court. no need to worry the ratio of the conviction is not more then 15% in these type of the case.

I think all these gender based laws are denying our fundamental rights? 	Can I get justice from the human rights commission?  Can I file a case with Human resources commission against the girl and the father? If yes when should I do that?  

Opinion: Human Right Commission may take cognizance only on the complaint which filed against the Public Servants. so if you get an acquittal order on merit then file a criminal case against her and her father for malicious prosecution and criminal defamation or you may file a civil suit for defamation.

I can see you all are mentioning that High Court. But our case is being referred to the local magistrate court. Is quashing an FIR possible there? And as per Mr. Ashish, how should I protect myself from anymore false cases in the local court, what would be the procedure?
Opinion: There is no procedure for protection from filing the cases even false or real from anyone, its depend on the case, the court may not restarin to anyone for filing legal cases against anyone if she/he has right to file the same but if it is proved before the court that these cases are false then the court may take legal action against the complainant u/s 182 of IPC or u/s 340 of Cr.P.C/  

As per shaveta, could u please explain me “You must file the complaint for producing false evidence and giving wrong information to police against them before the Magistrate who can take cognizance of the offence if desired.”? How and when should I do that, right away or after my case has been closed?  
Opinion: You may file a complaint u/s 340 of Cr.P.C or u/s 182 of IPC as complaint case before court at any time.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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