• How do we respond to police notice to appear before them

I decided to call off my marriage 2 months before it was scheduled due to compatibility issues with the girl. We were yet to be engaged. However, the girl's family gave me Rs 5k when they confirmed the marriage and my parents reciprocated by giving Rs 3k and a gold earring to the girl. The marriage preparations were in final stage though like cards were printed and venues were booked at both end. I had personal financial losses. 
The girl's father with 4 more people came to our house 1 month later the marriage was called off uninformed. Scared of family’s safety, my father called police and also sent a complaint via sms to the police incharge. Now the girl's family is intimidating us by saying that they would take us to court. Is there any ground that they can file a case against us. 
There was no exchange to money, neither was any demands from us. We have heard from some sources that they are claiming to have lost Rs 8 lakhs due to this alliance, but we never asked for a single penny. Neither we asked to make any elaborate arrangements. Also, i have a recording where the girl was 1st to say that she wanted to call off the marriage as she could not think of leading my life with her.
Now the girls family have lodged a complaint in Siliguri police station and the ASI of that police station has been calling me. My father spoke to the ASI, but he is not ready to tell what the complain is and is asking us to come down to siliguri.

My father has been served a notice under IPC 420/406 to appear before the siliguri police Investigating office within 7 days now. What should we do ?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

You must cooperate with investigations

2) take the plea that marriage was called off on account of girl refusal to marry you

3) that no demands for dowry were made

4) there was no intention to deceive and no case of cheating/ criminal breach of trust is made out

5) you are willing to pay expenses incurred by girl family

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

See first of the they have filed an case of cheating and criminal breach of trust.

So you should corporate with investigation go to police station with all relevant evidence of girl calling of marriage the complaint by your father.

Secondly state before police there was no involment of any dowry in the marriage and you have also suffered substantial damages due to girl calling off the marriage.

Further show police that there is no cheating and beach on your part the family has called of marriage the girl father intimidated your family for calling off marriage.

The police shall try to settle the issue corporate with them and five your reply against all false allegation. Take a statement of expenditure on marriage from your side also

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello sir,

You may approach the court for anticipatory bail before meeting the investigation officer for your safety .

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

) Section 420 of IPC is non bailable case but bail is granted subject to conditions and circumstances.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Supreme Court has said that the party who breaks the alliance has to pay up for the costs incurred.

This ruling came into force after SC ruled in favour of an aggrieved girl from Thane, whose marriage was called off and penalised the Delhi boy to reimburse the cost incurred during the engagement party by her. The girl’s family had filed a case under Section 420 (cheating) of Indian Penal Code (IPC) against the boy and his family in Thane. The father and son sought anticipatory bail. After mediation proceedings, they were asked to pay Rs 1.50 lakh to the girl’s parents.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir,

Please see the following judgment of SC

===========================================================================================

Refund cost if you call off engagement, says SC – FIR Quashed.

New Delhi: After three years of litigation, a Delhi man's family realised on Friday that breaking a marriage alliance after enjoying the engagement party made them liable to reimburse the cost.

In 2012, a government doctor finalized the marriage of his son, who was in the real estate business, with a girl from Thane in Maharashtra. The 'roka' (engagement ceremony) took place in Delhi on June 8, 2012. The girl's parents spent lavishly in entertaining the prospective groom's family and friends.

But the boy's family later called off the alliance claiming that the girl's family had suppressed facts about her. Infuriated by the turn of events, the girl's parents filed a case under Section 420 (cheating) of IPC against the boy and his father in Thane.

The father and son sought anticipatory bail from a Thane court, which after mediation proceedings asked them to pay Rs 1.50 lakh to the girl's parents towards the expenses they incurred on the ceremony. The boy's family claimed they had spent Rs 4.50 lakh for the ceremony. But the trial court asked them to compensate the girl's family.

The boy's family paid up but the girl's family did not withdraw the case. The boy moved the Bombay HC seeking quashing of the case. The HC refused, saying a case of cheating was made out.

Appearing for the boy's family in the SC, senior advocate Rana Mukherjee told a bench of Justices J S Khehar and Arun Mishra that once the girl's family was compensated for their expenses, there was no question of any cheating in the matter, which was a case of a prospective matrimonial alliance going sour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You should content thos before police see cards were printed both sides both sides faced monetary loss and it was there stand to back off marriage this all can be conveyed to police and issue can be settled.

Further now they are doing this so that they can extort there losses from you. So you can also present your losses before police or can file a cross FIR citing your losses.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Then take the plea that you were not engaged to the girl

2) since girl did not want to marry you the talks did not proceed further

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Then your case is more strong. Nothing to worry.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Firstly, the proof that you are having is sufficient to save you all from their false allegations.

Secondly, but yes that would come later on when you get a chance to lead evidences.

Thirdly, there are chances that when you go before the police officials they may arrest you also.

Fourthly, I ask you to not to go to the police station but file an Anticipatory bail.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

My father has been served a notice under IPC 420/406 to appear before the siliguri police Investigating office within 7 days now. What should we do ?

Since this is an out state issue, the Siliguri police may not listen to your father's oral statements made through phone, they may insist him to be present there after which they will book for the offences mentioned in the FIR without even making any inquiry nor giving him an opportunity and may get him remanded to judicial custody inside a jail.

Therefore it is better that your father obtain AB and then visit the police station for inquiry and not before that.

Dont worry about the time stipulated by the police, you can obtain AB and then attend the police station for inquiry or investigation.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

As I have mentioned in my question earlier, there was no engagement or for that matter any social event. It was just a verbal understanding and cards were printed.

There is no law to punish anyone for cancelling the marriage proposal but it would be on a different offence only, hence all your arguments can be made before the court and not before police, they will not listen to even a single word from your mouth in this regard.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1) You give attendance in front of ASI and provide all details that you're also nlt in fault and all mistakes are from their side.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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