• Girl filed case in section 420

I met a girl online on dating app. We talked. Then she wants to visit my city(visakhapatnam). I told her ok but straight away told her on whatsapp that i cant not marry her and the choice to come here is her own. 
She came. Physical relations were mutual. 
Then she refused to go back and emotionally blackmailed .threatened to harm herself at my place. So i allowed her to stay there for some days and somehow i managed to drop her to delhi. 
Now she filed a case against me in section 420 that i invited her with intention to marry now refused to do that. She stayed with me 50 days. in 50 days, 20 days i was not there .
She gave all false information of our first contact, first face to face meeting in FIR and i can prove that. 
I never in written or verbally told her for marriage. This is a blackmailing type case. 
I dont have thats whatsapp chat now. 
Please tell me what to do. As FIR is 2 days back
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

25 Answers

Kindly use the proofs you have. There is judgement too on this point moreover if mutually agreed no action can be taken

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Let the police call you to investigate. Her allegations are only for refusal of marriage.

She stayed with you that is right but the number of days is a question. Rest is consensual.

These charges will not stand any where but you gave to get bail so that you save yourself from arrest.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear friend,

Life is a long journey. You should not budge with her black mailing tactics. Just get a stay order from the High Court and see that investigation is stayed and FIR is quashed. It will happen. WattsApp message cannot establish . offence under section 420 IPC. So many ingredients have to proved. You deny every allegation and say such messages were sent by some body else from your phone 101 defenses can be taken but you should not surrender to police just immediately get a Stay on investigation. Forget her. She is black spot in your life. Best of luck.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

You need evidence to prove that you did not have sex with her under promise of marriage

2) since your girl friend has filed cheating case burden of proof is upon her to prove that you had sex with her under promise of marriage

3) apply for and obtain AB . Contest case on merits

Ajay Sethi
Advocate, Mumbai
94908 Answers
7570 Consultations

5.0 on 5.0

First you need to file application of anticipatory bail before the court so that you will not get arrested by police. Then in between the period of filing of chargesheet try to collect the all important evidences which are necessary for your defence.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Dear friend,

1. It appears you didn't understand my guidance. If FIR really issued, a copy of it has to sent to the concerned jurisdictional Magistrate. So ask your Advocate to get it from the court. Then go to HC, where you get stay on investigation and anticipatory bail then it will be quashed. If are arranging for approaching police then they will create some evidence against you, under threat and they will collect information about you stay for 50 days etc and ect. Get HC advocate and do what I say, or else you have to face suspension from the job and even dismissal.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Query Seeker,

from your query, it seems you are trapped or you made a false promise and now refusing.

believing your version, it's sure you are trapped, the girl might be from Delhi and if she can come to Vishakhapatnam from Delhi then you should imagine what worse she can do. as you are a PSU employee, try to amicably settle the matter offering her some money, will be better if you record her voice/image/video during such negotiation to avoid any future blackmailing.

I know a lawyer in Vishakhapatnam, call/mail me to get detail.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

POlice can do anything. Therefore, approach a lawyer to resolve the issue . Even without registering FIR police can delay and she will loose her time,money and energy. Best option is to apply for AB and speak to police to close.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1) don’t bow down to blackmail tactics

2) you need copy of FIR to apply for AB

3) Police cannot arrest you at their whims and fancies

4) notice would be issued to you to record your statement

5) apply for AB

6) Police would conduct investigations and file charge sheet or closure report

Ajay Sethi
Advocate, Mumbai
94908 Answers
7570 Consultations

5.0 on 5.0

1. Apply for AB. You suppose to prove that you did not promise her for marriage and you both had mutual consent sex.

2. Do not go for settlement with police because case could be re-opened in future.

3. Wait for the police to find evidence against you and file charge sheet.

4. You also can make police complaint against her for Defamation, Criminal Intimidation, Money extortion, Mis-use of computer resources ... etc.,

5. You still have chance to get the deleted Whatsapp chat and it can be obtained with cyber crime police.

... etc.,

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Well,this king of casual sexual escapades often has pitfalls and comes at a price which you are asked to pay now.

If FIR is registered then first apply for aniticaptry bail.if you have written communications to show that you ahd no intention to marry her then you would get bail.

Otherwise you may face problem in getting bail.

Once You get bail your turmoil would be over for sometime .

In the trial the allegations would never be proved and you would eventually ve acquitted.

however before that your travails would continue.

next time don't take your life so recklessly.

Devajyoti Barman
Advocate, Kolkata
22862 Answers
492 Consultations

5.0 on 5.0

Try to get anticipatory bail arrange a lawyer and feel free .

There is nothing to panic. These allegations do not stand long.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Respected sir...

You might have Prof to prove her false as Court always work on evidence ...Sir if you have proff that you denies her about marriage ...Sir I would like to advice you marry her that will be much better for you I am not saying you to stay with her just marry and give her divorce because once if she files fake rape Case's against you that will be more problems for you just ask her to marry and give divorce ...Reply her in her way that will be right answer for you ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

hello sir, if the FIR has been lodged the first thing to do is to apply for anticipatory bail, in order to avoid arrest.After getting bail you can file for quashing of FIR in high court..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. This is a very common modus operandi of many girls in India to either trap the man to marry or extort money from him.

2. Be that as it may, as FIR has been filed you should at first apply for anticipatory bail and then contest the case on merits. At this stage the priority has to be AB alone.

3. You can search this portal for a city specific lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Once FIR is filed you can't do any thing. They can arrest you. You first have to take Anticipatory bail in the said matter. Then if you have evidence about this being a false case you can go for quashing petition before High court to quash the FIR.

Prashant Nayak
Advocate, Mumbai
32054 Answers
183 Consultations

4.1 on 5.0

Qyes: Please tell me what to do. As FIR is 2 days back

Ans: I understand that the FIR is false but since the same has been lodged therefore I would advise you to Obtain Anticipatory bail at the earliest and tell me that where has the FIR been filed/ and share the detail of the FIR so that the future course of action can be decided.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You will have to obtain the copy of the FIR and you may contact any of the lawyer here from the concerned city and if you want me to help you then you may contact me.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Apply for anticipatory bail.

If the allegations in the FIR are totally false and concocted, you may take your chance by way of challenging the FIR before the High Court.

Else, you may submit all the evidences that you have with you which point out towards the falsity of the allegations in the FIR with the Investigation Officer. Depending upon the outcome of the investigation, you may decide your future course of strategy.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Get in touch with a local lawyer handling criminal matters. He will pull out a copy of this FIR for you and advise you with the future course involved in getting this resolved.

Vibhanshu Srivastava
Advocate, Lucknow
9622 Answers
303 Consultations

5.0 on 5.0

Firstly, apply for the anticipatory bail again and again so that you will be saved.

Secondly, she would have to prove that you promised her to marry her.

Thirdly, the section 420 doesn’t apply on you, good Luck for the mistake of place as your offence covered under section 416. You will be discharged very soon.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

It is legal and permissible for adults to have a consensual physical relationship.There is a difference between making an accusation and establishing it in a court of law.

You reserve the right to initiate defamatory proceedings against the girl for leveling false accusations against you,post acquittal.

There is no need to panic. Secure anticipatory Bail,obtain a copy of the FIR and contest her claims.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Hi, be bold, engage a good lawyer and put your defence strongly. You will win.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

File an Anticipatory bail first and go for quashing before High Court.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

Where did shed lodge the complaint, in Delhi or Vishakapatnam?

If the complaint was lodged in Delhi, then it is not maintainable jurisdiction wise.

The complaint if lodged in Vizag can be challenged properly after obtaining AB.

Discuss with your lawyer on further issues

T Kalaiselvan
Advocate, Vellore
85107 Answers
2215 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer