• Girlfriend sending nude pics and lodged a FIR

I am 26 yr old.I met a girl(26 yr) 3 yr back.After 7 months she once pinged her nude pics and was forcing me to do phone sex and asking for my private pics,i was shocked,denied to do so and told her not to repeat the pics same and i had deleted her those pics. she was of suicidal nature.I had motivated her a lot throughout our relation and neutralized her every suicidal tendency.Once i told her to break the relation because i was not able to live my own life, but she started crying and said she will do suicide,i was in fear of her suicidal attempt so i had no option to leave her.After every 3 month she use to ping her nude pics even after warning and was forcing me to do phone sex and share private pics with her else she will restore and share with her friend,few times i had to do so.1 yr back she went to Canada.she use to say whatever she is doing its only with me.5 month back i got doubtful about her behaviour and asked her gmail access and read every single chat and I felt bad.she was sharing her nude pics and asking private pics from 2 other guy and doing phone sex with them.she had physical relation with her cousin brother and one friend.After my request she had accepted everything then i blocked her everywhere but she started calling my sister and friend.she kept me in dark,I was very upset and told her mom everything and sent her pics (after blurring) to her mom.Her mom/dad called me and emotionally blackmailed me said u r like my son and all,plz delete everything,its about her carrier.I didn't think much and deleted every single chat,email.After that my GF and her DAD lodged an FIR with sec 354D,419,420,506,500,509,66D,67A in April and someone informed my employer about FIR.My employer forced me to resign.
My laptop is seized and now i have only few chat screenshot in which she has accepted her extra relation and her nude pics as a evidence and i am on interim bail.

1)when i will get my laptop back
2)will IO format/delete everything from laptop? Although it contains nothing other than study material
3)I saw police have thrown laptop from height. Can i make a complain while getting return?
4)Since FIR had been lodged via email,Can it be withdrawn via email or she will sign the document and send the scan copy.will it work for case withdrawal?
5)i want her to compromise the case else it will spoil my carrier as now no one is giving me job due this case and it will take time to resolve.Based on the above fact,on what ground i can lodge a counter FIR on GF and fresh FIR on her MOM/DAD for making me delete the evidence. Plz suggest me ground on which i can lodge FIR on her and her mom/dad.
6)She is in Canada and will come in October probably for her marriage and visa renewal,how can i use this 2 information for my own case benefit.i want to lodge counter FIR Now.
7) can FIR be lodged from anywhere?
8)Charge sheet is not submitted yet,IO is saying that it will take another 10 month.Can i apply for Quashing in high court?
Asked 7 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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7 Answers

1) wait for police investigations to be completed and charge sheet filed

2) quashing is to be done only in exceptional circumstances

3) HC would be reluctant to quash FIR pending completion of investigation

4) you would get your laptop afte r receipt of report from forensic lab

5) you have to apply to court for return of your laptop

6) court can direct return of your laptop subject to your execution of surety bond

7) Surety bond is a type of undertaking by the possessor of the property, which is produced before the court. On accepting the undertaking, one ensures the whole liability of the property on temporary basis according to which the court pass an order granting the custody or the possession of the property. The surety bond has to be made on non-judicial stamp paper of Rs. 100.

8) since FIR has been filed in case any settlement is arrived at you can apply for quashing before HC

9) you can filecase of defamation against girl and her parents for having maligned your reputation under section 500of IPC

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1.Since the photos are stored in the laptop it may not be returned to anytime soon.Even if it s returned the hard drive would be removed and will remain with police.

2. No

3. Yes but return is unlikely.

4.FIR once registered can not be withdrawn by the complainant though it can be quashed with the consent of the complainant.

5.You can not file a fresh FIR.

6.Ok,go ahead.

7. Yes but from your place.

8. Before submission of charge sheet donot go for quashing.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Hello,

1) You will get back the lap top only after the investigation is over. The investigation agency can retain it until filing of charge sheet or until the trial is over.

2) No, they will not, unless some material gets deleted in the process.

3) You can complain about any damage, as the police is supposed to take care of the object seized.

4) She can not withdraw the case be email or just sending a scanned copy. All the sections are not compoundable.

5) Your destroying the evidence on advice of her parents can not constitute an offence. You can file an FIR on basis of criminal conspiracy on part of her and her parents to hide her own wrongdoings.

6) It can be done by the relatives of the aggrieved as well.

7) You can file for quashing only after two months as the IO must file the charge sheet within 60 days of FIR provided you are able to make out sufficient ground.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

** answers are in the same order.

Sir,

1.You need to file application to release your laptop.

2.IO can not format your laptop. IO can recover the image/whatsapp conversations/chat ... etc., from your laptop, Ibn case if you stored them and deleted them later.

3.whatever police seized from your home, they would have given you seizure document. In case, if you have issues on the equipment which are missing / on condition ... etc., you need to file PCR aginst IO.

4.FIR can not be withdrawn via email but you need to approach court.

5.You are requested to talk to your lawyer for the ways which you can file FIR on the girl and on her parents.

6.Pls consult a lawyer to sue her back.

7. It is good that you need to lodge FIR where the girl/her parents reside.

8. You can apply for quash and discuss with me for further advice.

thanks,

adv.niranjan,

mobile - ,

email - [deleted] .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

1. If the laptop has been produced as court property, then you may have to apply or wait till the disposal of the case, if not then you can file a petition

under section 451 OF Cr.P.C FOR RETURN OF PROPERTY

2. The police may take it up to the FSL who may decide the action to be taken for extracting the information from the laptop, so anything may happen

3. The police may even break the property but will claim innocence, you cannot do anything, dont agitate, first try to get out of he case without any danger.

4. Whether complaint sent by email or lodged in person, the case once registered has to under go the process of law, she cannot withdraw the same as per her fancies.

5. You have to gather evidence to lodge any complaint as proposed without which your complaint may not be entertained.

6. You have to put pressure on her for cooperating with you to file a quash petition or you can inform her that you would file counter case against her which may hamper her marriage as well as return to abroad.

7. Complaint can be lodged from anywhere but only with the concerned police.

8. You can apply for quash but she has to cooperate for getting the FIR quashed.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

1) you can include the incident mentioned by you in your counter FIR

2) counter FIR had to be lodged where cause of action has arisen

3) don't lodge it from another state

4) both parties can compromise and FIR can be quashed

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1. You can add in your complaint that her father threatened you by calling you to a hotel along with some anti social elements, dont mention police presence, because it may not be effective and may even draw an adverse impact to your complaint.

You have done a blunder by visiting the hotel on his call. You should have avoided the same because you wont know what his plans would be behind this move.

2. 2. Your counter complaint in a different place may not be entertained by that police owing to the jurisdictional point of view. It is better that you lodge it in the same police station.

3. It depends on various factors and circumstances.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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