• Girlfriend is blackmailing that she will file a cheating case

Hi,

My brother and his girlfriend were in a relationship for 1 year. She wanted to get married. My brother refused to marry her as he was not ready. They were never physically involved in the relationship. Now she is blackmailing that she will file a police complaint of cheating. Will this be legitimate case against my brother. Will police accept her case and file a FIR against my brother. If yes what steps we should take ahead.
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

No this will not be a legitimate case.

The threat/blackmail by this girl is misconceived.

Since your brother never established any physical relationship with this girl, there's nothing to worry.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

There is no need to worry, but make sure that she must have not some evidences like chat or voice recording wherein your brother had made any commitment.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

this will not be a legitimate case.

Get the recordings of such situation wherein she is threatening to file a case.

You can also file a NC in the nearest police station, so that it proves as a good defense as and when required.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Well, if the girl alleges that physical relationship based upon promise of your brother to marry her she can file case of cheating or even rape also.

2. On her basis the FIR is likely to be registered and the Police can arrest your brother.

3. So to avoid arrest your brother should apply for anticipatory bail which is allowed if it is shown that no force was made on the girl.

4.So remain alert and takea teps accordingly.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1)your brother was never engaged to the girl and did not have any physical relationship with her

2) your brother never promised her marriage

3) no case of cheating is made out

4) in case any FIR is filed brother should obtain bail and contest case on merits

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Cheating case is not made out in such cases normally if Money is not involved. Still sometimes police accept false FIR from women. If it comes to your knowledge that she files a FIR and your brother is called at police station tell him first to secure Anticipatory bail and then approach the police. Without anticipatory bail they can arrest him. You can also take Anticipatory bail before filing of FIR also if you feel that there is a grave apprehension of getting arrested in this case.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear friend,

To be frank, police will accept all case with or without evidence, even they fix rape charges, the remedy lies with the HC. Even before she files a complaint, your brother may file a complaint against for blackmailing then if she files any complaint then it become counterblast and after thought.

Secondly, your brother may get anticipatory bail even now before she files complaint, it will work as a shield.

Thirdly, you are advised to get the stay order soon FIR is issued, from the High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

She may put any false charges in the complaint and it may get registerd. Once registered police will contact you for investigation, be ready with anticipatory bail if any ssuch thing happen.

Yes the girl would have to prove the charges.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Having intimate relationship under the pretext of marriage is a crime for sure. Unless and until your brother and his Ex-GF were NOT involved in physical relationship (not just sex, even foreplay - hugging / kissing etc), you have nothing to worry about. She is free to make any wild allegations against your brother, and police will definitely file a FIR against your brother. You can register a NC with local Police station, or even file a FIR against her for Blackmailing. Or simply defend yourself (your brother) on merits. Choice is yours. For any further consultation, feel free to contact me on my Whatsapp number .

Kiran Kamthe
Advocate, Thane
27 Answers

4.9 on 5.0

There is no precautionary measures can be taken unless a police complaint is registered against your brother.

For having in a relationship with a girl is not a crime but having a physical relationship with promise to marry her is an offence.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

Hi,

Only the cheating will not prove any thing as there is no physical relationship. But in case she files for a emotional rape on pretext of marriage then this could be difficult to prove.

He should file a FIR in police for blackmail immediately so sad to save him any case in future stating circumstances wisely in his favour.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Police can accept the case only when they get evidences according to the charges mentioned on the complaint.

2. Since both were in relationship for 1 year, she may try to create wrong evidences to make illegal perception among police officials.

3. If she file a complaint against you then secure anticipatory bail.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

In the absence of physical relationship, no rape and cheating is applicable.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. Majority of girls in India do this when the boy refuses to marry.

2. Since she is threatening to file false cases your brother should record his conversation with her and then file a complaint for criminal intimidation under section 506 and threat to lodge false cases under section 389 IPC.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

no since there is no physical relation between your brother and that girl. normal friendship is not a promise to marriage. sexual relation is only a promise to marriage. if she filed a case, ask for anticipatory bail.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

If there was a consensual sex between them on the false promise of marriage, then it can be termed as an offence under section 417 IPC, whereas there was no physical contact, hence her complaint may not be maintainable.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Hi,

It is suggested that you gather all the evidence in your favour i.e. messages, chat, whatsapp etc. It will be used in defence when she files a complaint.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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