• Girlfriend is threatening for FIR

I met this girl 10 years back. We fall in love and continue our relationship in all manners. But then disputes arises when I went for a job she want me to attend her all the time like I do in the beginning, but it's not possible for me and I have to quit my job BCS her friends threaten me to shot me or beat me. I took that as hard and breakup with her. But after 2 months I realised that I made a mistake of breaking up with her BCS I love her so much and came back to her but it takes 1 years for her to accept me. Now I do all the things according to her and start preparing for govt job and I get the job after 3 years of hard work. After job I want to marry her but my family is refusing BCS she insulted mom and sister in her first meeting. When I say I was trying to convince them for our marriage she becomes impatient about it and start fighting me over very small issues and start talking to other guys by blocking me. In between she slept with my friend and talking with me too. That broke me all so I decided to move on. But from that day she is threatening me for my life n my job on regular basis. She told me once that either I give her 15lac she will file a case against me. And it's happening from last year. Now I want what to do in this case. She fight with me for gifts and clothes. She is blackmailing me all the time. I have all her chats with me. What should I do.
Asked 1 year ago in Criminal Law from Lucknow, Uttar Pradesh
Religion: Hindu

If your relationship with her couldn't materialise into a marriage, she cannot blackmail you in the manner as has been described by you.

Relationships too fail sometime, and it is not always that bf gf end up marrying each other. But this doesn't mean she can blackmail you or threaten you or extract money from you.

If her threats become unbearable, approach the Police and lodge a FIR against her.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

file informatory petition in C.J.M court and try on mediate with girl .

Ravi Kumar Singh
Advocate, Patna
49 Answers
1 Consultation

4.0 on 5.0

1) file police complaint against her for extortion under section 384 of IPC

2) it was consensual sex with no promise of marriage

3) you broke up with her as she was sleeping with other guys too

4) dont bow down to black mail tactics

5) if false rape case is filed apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear Friend,

Nothing to bother. If you dare enough then approach police and narrate with them what had happened all these days. Hereinafter keep recording all the nonsense spoken by your girl friend and provoke her to speak about money claimed by her and the produce the same before the police. She has no right what so ever on you till her marriage.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

1. Do not go ahead with this girl anymore. She does not look to be a normal person willing to lead an usual married life.

2.Since she appear to have gone down to the limit of lodging false complaint it is essential that you take the first move. Visit the nearest police station and lodge a complaint of extortion and criminal intimidation including threat to life.

3. Your complaint or FIR based on it would go a long way to save you from any false complaint filed by your ex girlfriend.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

1. You can file a case of extortion and criminal Intimidation under Indian penal code against her.

2. You can file an information cum complaint stating all the fact with SHO in local police so that if she files any false case you have a record.

03. Every relationship does not go for marriage it does not mean that you have done something wrong. You are legally right and leave her and move on.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Dear Client,

Start procuring evidence of her blackmailing. If any payment, than do through online transfer so keep record extortion.

Proof that she slept with other guys, and this is the reason now u don't want to marry her.

and throw her away, if she files FIR, show all the proof to police but keep the originals with you and copies.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear client: What ever grievances or threat your are receiving from your girl friend, try to get them all recorded through digital means( whatsapp/ messages/ phone conversation/ facebook/ written note/letter etc )

you have to do this homework and mean while keep dragging the relationship unless n until you have collected enough evidence of her fake allegations against you.

Don't disclose this to any one unless you have filed a complaint against the girl along with all evidenced with the police.

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

Hello,

Record all the such threats being passed by her.

Approach the nearest police station and intimate them about such happening.

or in the alternative you may approach the mahila thaana cell in UP and accordingly they will make her understand that there is no case that can be filed against you.

Also, by filing the NC, it will be of a great help to you if in case she files some case against you.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Please keep recordings where she has demanded 15 lakhs from you. Lodge a complaint with police against her for extortion under section 384 of IPC. Secondly it's better to avoid her and lodge complaint before she can make false allegations so that you can get anticipatory bail easily in case even if she lodges false case against you. Better not to go ahead with this relationship.

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

I think you are just suspicious any your future.

The old relations may create issues but what even she goes wild as she has to understand you as well.

She was in relation it was her wish and if due to any reason you move on you need not to worry a lot about it.

If still you feel some insecurity from her just file a harassment and blackmail application in the local police station to prevent your self and keep a copy with you. This is not a FIR but police may take some usual actions to call her for reconciliation.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

1) If you ha e any evidence that she slept with your friend than you can take action against her. Give complaint against her saying that threatening and fooling to you and making false comments against you.

2) Before she gives any complaints against yiu, first you go and give complaint in the police station of mental harassment and torturing.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

Steps you can take.

1. Lodge an FIR. For demand of illegal gratification.

2. Apply for anticipatory bail.

Sagar Mongia
Advocate, New Delhi
7 Answers

4.0 on 5.0

Don't worry you can file a case against her for blackmailing you. Keep all the evidence with you don't succumb to her pressure.

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

You are not married to her therefore she has no right or claim against you. Did you ever promise her in writing that you want to marry her or that you shall marry her?

Did you have intercourse with her after making such promise?

Kindly refrain from contacting her all together.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

If the threat still persists, you may first issue a legal notice to her asking her to refrain from indulging in such illegal extortion activities.

You can mention that since you both were friends for a long time she has taken undue advantage on tht and had been persistently threatening to make police complaint on false charges for the purpose of extorting money from you in all illegal manner.

You can endorse a copy of this notice to the local police also after which you can lodge a complaint against her if she is still not stopping from torturing you.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

As you have the evidence (chat) but if you get any video proof that will be even better. After collecting all the evidence approach the police with an application informing police all about it. and ask to get a compromise.

Contact for more information.

Raj Deepak Chaudhary
Advocate, Lucknow
12 Answers

4.0 on 5.0

There are various judgments even by supreme court that the consensual sex cannot be treated as rape.

So you need not be worried on that count

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Your defence should be it was consensual sex

2) further mention that you broke the relationship as she was sleeping with other guy

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear Sir,

You will be the prey and will fall in danger zone if you do not listen to me. Just close all contacts with her. Collect her movements with other boy friends. If she files (definitely she files) FIR immediately get anticipatory bail. She lost character and you cannot faith her any more. Just leave her as she is behind your money. Nothing she can do if you collect evidence against her. She can put a rape case by bribing the police and there is no hard and fast rule to restrict the police department but such a big case cannot be registered but some other offenses may be alleged. Be at ease.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4405 Answers
112 Consultations

5.0 on 5.0

Supreme court recently held no rape case is maintainable if girl and boy were in love relationship. So even of she tries to file a case of such nature you can get it quashed from the high court. Also other high courts has similar view. So the case doesn't stand at all.

Further there was consent from both side so no rape case is maintainable. Bombay high court took similar view in case mentioned below

http://www.livelaw.in/sexual-intercourse-deep-love-affair-not-rape-bombay-hc-read-judgment/

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Yes she can still file a rape case against you stating that there was no consent while having sexual relationship and you forced her. As per Indian evidence act presumption is 114A. Presumption as to absence of consent in certain prosecutions for rape.—In a prosecution for rape under clause

(a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent

Swarnarka Chowdhury
Advocate, Mysore
1768 Answers
4 Consultations

5.0 on 5.0

Questioning girl character not permissible in court, She can sleep with any but this not mean you got license to take advantage.

U have to prove of consensual sex and were in relationship.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

1) She has to prove that rape had been happen. So keep distance as if now and record all calls of her, try to talk more on money and repeat history or remember history of your position and her position with boyfriend. Collect the evidence as much as possible against her regarding blackmailing.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

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