• A girl falsely accused me of rape

Hello,
Here are full details of this case.
I live in Bangalore & that girl lives in Delhi. She had send me a message on my Facebook profile after going through my Shaadi.com profile. I replied back & we began chatting. As I've created the profile on shaadi.com for marriage purpose,I asked her what she thinks about our future. She agreed and after that,we were in a couple relationship. After few days I told my parents about her & she also informed her family about me. Both of our parents agreed & took a step forward to meet.
Meanwhile,we (me & that girl) decided to meet. On July 2017 she came to Bangalore & stayed at my apartment for about 5-7 days. After 1 month,I traveled to Delhi to meet her. We Both checked in a good hotel,submitted our Photo Id at the time of check-in. On October,she again came to Bangalore to celebrate my birthday. In all these 3 situations,I never had intercourse with her,means she's still a virgin.
On December 2017,She got to know that I was in contact with my previous girlfriend & had a sexual relationship while being in a relationship with her. I've tried to convince her that we're no longer in a relationship. My previous girlfriend also called her. But she's a bit physo, she called my parents (they live in Bhopal) & misbehaved with them. After 10-15 days, she came back & apologized for what she's has done & asked me to continue the relationship. I told her as you misbehaved with my parents,they will no longer accept you. She send me some 4-5 messages to continue the relationship,she also send me her debit card details to book her flight tickets to Bangalore,so that she can stay at my apartment for 3 days. I didn't wanted her to visit my apartment again. I told that flight tickets are too costly for the selected dates. Later on, when she realized that I & my family will never accept her she started sending abusive messages to my ex-girlfriend. To avoid further messages, my ex gf messaged her back, if she continues sending abusive messages she will forward the pics of her and me to her dad. She did this only to scare her. She has no photo of ours. We've also talked to her dad so that they will help us but he started supporting his daughter.
On February, at month end, I received a call from sub-inspector (from Delhi) that this girl is filling a complaint against me. Charges he mentioned that I've made fake marriage promises & had a sexual relationship with her & a Rape charge. He told me yesterday (07 Mar 2018) that he is sending me a notice via speed post. In that notice, there is date mentioned & I've to visit police station on that date & convince that girl to not to proceed to file the case. The main point is that its nearly impossible for me to visit Delhi due to heavy workload. I have all the chats & recordings where it's clear that she is virgin & all was done with mutual consent
Any suggestions what can I do to resolve this matter?
Asked 4 years ago in Criminal Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

22 Answers

1) you have to visit police station on said date and have your statement recorded

2) your defence should be it was consensual relationship with no promise of marriage

3) if FIR is filed apply for and obtain AB from sessions court

4) rely upon chat messages in your possession to prove it was consensual sex

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

No case is maintainable against you, since you have not exploited her physically or emotionally on the strength of your promise to marry her.

Her complaint is frivolous and vexatious and has no legs to stand.

In case you actually receive a notice from Police, you could send a lawyer on your behalf to the Police Station on the assigned date.

And just for your information, even 'sex' with the consent of the girl on a promise to marry her will not constitute rape. Your case is much much better since there is no physical intercourse involved.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

How can you say that she is a virgin on the basis of that you had no sexual relation with her.

If she is lodging a complaint after rape and emotional blackmail it means there is something that may go against you the definition of rape does not cover only sexual intercourse there are other forms which amounts to rape.

Please speak to the police officer if you may not visit on that date and arrange an anticipatory bail to avoid any arrest however in charges of rape anticipatory bail will not work.

Please take the help of a lawyer it will be good while visiting the police station.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Dear friend,

Now-a-days, it has become very hard to believe the mentality of ladies. She may bend to any extent. You have to take some protective measures to avoid unnecessary criminal cases. Before that only you have issue a legal notice to her and if FIR is filed you have to seek stay and quashing of the FIR. If you are in Bengalore them meet me in person for more guidance.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

Hi

Going by the contents of your post.

first and foremost thing you need to do is:

- collect all relevant details pertaining to your call data, whatsapp chants, discussions with respective families.

- data pertaining to your stay in hotel at Delhi and procure the cctv footage from hotel.

- collect every possible material proofs available in connection with the said issue.

Be prepared to face the issues going to be raised by her (complaints / cases).

If she goes to court, she has to prove her case.

The aforesaid documents, information etc., which you collect will help you.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

At first you have to confirm whether the complaint is registered or not.If it is registered then you have to file anticipatory bail application before the High Court of Delhi.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

1) You can file complaints against her in Bangalore or visit Delhi and sort it out all details, explain all your points what you have narrated above.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Please note that many courts have held that sex by mutual consent does not amounts to rape. In case if you have proof which are in your favour you can easily contest case if she files any criminal complaint .Better get anticipatory bail if FIR is lodged before going to police station as police may arrest you so better to get AB from local court in Delhi.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See if FIR of rape is filed then they can arrest you. You need to take Anticipatory bail immediately. If you receive the notice you can file application for anticipatory bail. Rest everything you can do later. Once you eat that you can send the evidences you have against her to the investigation officer. You can file a FIR against her at Bangalore for filing false complaint and harrassment.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

See first of all I would suggest do not miss the date, i know it is hectic but still to avoid further action you should visit police station on prescribed date. In case you fail they might register an FIR and after words it would be difficult legal procedure to get it quashed.

Carry a copy of all piece of evidence you have, file an counter complaint that you did not have any sexual intercourse with the girl she has been trying to do this to extort money and force you in a marriage.

other way around can be file a reply to the complaint stating true facts convince girl to take the complaint back but do not promise her anything in written or otherwise.

Further donot worry the supreme Court also in recent decision has clarified that in all case of relationship the girl cannot press such charges of rape on promise of marriage. Though in your case there is no intercourse so you are in much better position though she may allege that when she stayed with you had sex.

But the position is clear you took steps to marry her you didnot gave any false promise now since there is a dispute you donot want marriage because you care of your future so her case wont sustain but that is case when there is a case against you.

So do not worry take out some time or if it is impossible well in advance write a letter to police station request another date if they refuse then in that case be present.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You should immediately engage a lawyer and file a application for anticipatory bail. You can do this by sending Notorized application by courier to your advocate. You have good case to get anticipatory bail. Once you get bail file a case for quashing of FIR in high court and get stay to the investigation.

Ujwal Rajan Phasate
Advocate, Nagpur
37 Answers
4 Consultations

5.0 on 5.0

1. If a complaint has been filed then sooner or later you will have to visit the police station, failing which the FIR will be filed and arrest may be made.

2. If you are unable to go on the date you are told to appear then send a representation to the IO to give you another date.

3. In these circumstances you may apply for notice bail, else the moment you enter the police station the FIR may be lodged and you may be arrested. So it will be wise to go with the protective cover of notice bail so that police cannot arrest you without a prior notice if the FIR gets lodged.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Keep all the abusive messages. Cooperate with Police and collect evidence. If you are sure she is virgin, ask for a medical report.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

Just ignore the calls from Delhi police.

Don't acknowledge them.

They won't travel to Bangalore to arrest you

Her complaint in Delhi for a cause of action at Bangalore is not maintainable however you have to challenge the same only in court of law.

Thus even if you receive the notice ignore it and remain silent.

Don't pick the phone calls too.

Any response to police will lead you to get trapped

Avoid and block her phone number also.

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

you can obtain AB only after FIR is registered

2) you can take lawyer when you visit the police station

3) you have to visit Delhi as girl has filed complaint against you

4) police would file FIR if there is no settlement

Ajay Sethi
Advocate, Mumbai
89083 Answers
6362 Consultations

5.0 on 5.0

Don't call IO or anyone, they cannot do anything beyond sending this notice.

If you have decided to visit Delhi police station then better obtain AB before attending the police station.

It may take at least one week to obtain AB.

You cannot obtain AB at Bangalore for Delhi case.

You can be accompanied by a lawyer while visiting police station

T Kalaiselvan
Advocate, Vellore
79241 Answers
1618 Consultations

5.0 on 5.0

1) No don't go any where and do not ask anything proactively to any one for Notice. If they are saying notice sent to you, then it will receive by you. Ask them one who calls you tbat ghey have sent on correct address.

2) For notice anticipatory bail not require.

3) You can hire lawyer from Delhi if needed and you will get anticipatory bail on same day.

4) You can file FIR in Bangalore against girl, but still you have to visit Delhi if received notice.

Ganesh Kadam
Advocate, Pune
12420 Answers
193 Consultations

4.9 on 5.0

Yes sir you can call IO and inform him in case you cannot go to police station on that date. Since it is mandatory once notice is served to co operate in investigation. If FIR is not registered you need not apply AB. There are certain cases where AB can be availed even if no FIR is registered. Since offence Is grievous do not take chance. If you take AB from Bangalore its not valid since case will be registered in delhi as such you need to take bail from there. You can take your lawyer with you to police station. You need to go to delhi even if you put case against her in Bangalore

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Though FIR has not been registered against you, it is better to take pre arrest bail. You need not to call I.O. After filling of Pre arrest within 3 days you can gt anticipatory bail. If you gt pre arrest bail you can move any place within the country,but if the court pronounce that you can not go outside the country /state then you can't. You can take a lawyer to visit police station. It is better not to visit Delhi police station.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

My answers are as follows:

• They've sent me a notice on 07 Mar 2018 via speed post, but I haven't received any notice yet. I was at home for past 2 days. Should I call the IO and inform him?

Ans: You need not call IO just wait for written notice.

• Since no FIR has been registered yet, is anticipatory bail necessary when I visit Delhi police station?

Ans: Normally no anticipatory bail will be issued if FIR is not issued. However on the basis of phone calls you can seek anticipatory bail in Sessions Court or High Court.

• How much time does it take to get anticipatory bail?

Ans: Normally it will take 8 – 15 days.

• If I take anticipatory bail from Bangalore, is it valid when I visit Delhi police station?

Ans: You can take from Bengaluru also but actual threat is coming from Delhi, so you better apply in Delhi Court.

• Is ok, if I take a lawyer along with me when I visit Delhi police station?

Ans: It is also okay.

• If I launch FIR against the girl for the false case from Bangalore should I have to visit Delhi police station as there is no FIR against me?

Ans: No use, it will develop vengeance in girl and she will take the issue more seriously. Since police are interested to settle the matter better send your friend or relative to Delhi Police Station for settlement talks.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
392 Consultations

4.8 on 5.0

-Let the notice come to you. No need to call.

-It is advisable to do so.

- 2-3 days.

- No, you have to obtain AB in Delhi itself.

- It is the best.

- As long as there's notice, you have to appear.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Yes you can inform but do it with return communication and acknowledgment. You can get ABA before FIR also on basis of notice. If you want to wait for FIR you can wait. Most of the time they arrest you and file FIR. Police procedure is very dicey and can be unpredictable. You can take a transit bail from Karnataka HC if you want it is valid. It depends on filing you get interim bail immediately. Yes you can take a lawyer. You don't have to visit if no fir is Registered.

Prashant Nayak
Advocate, Mumbai
28103 Answers
93 Consultations

4.4 on 5.0

Ask a Lawyer

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