Hi, I started talking to a girl from March 2018. My intention to talk to her was to get some help regarding MBA assignments. Slowly we started liking each other and we mutually spoke about love and marriage which I didn't mean to marry her but it was just a casual chat. Mid of March we planned for a day trip to know more about each other where she hugged me in bike, I kissed her forehead, cheek and she kissed my forehead. Nothing more than this happened. On that day I felt our characters doesn't match much. Evening she asked me if I can marry her, I said NO not possible as my parents will not agree and am also not interested. From that day if am not messaging or calling she will say "I will come and stand infront of you right now and create a mess so better reply me". If I try to convince her, everytime she used to say "I will commit suicide and leave this world or else I will go out of home" . She is threatening me that she will plan for registered marriage and she will kidnap me. I explained everything to her parents but they are supporting her. She filed a complaint on me in section 420 IPC cheating in the name of love and marriage. Police gave counseling for 2 days but as she is threatening police that she will commit suicide or she will go to media, so they gave arrest warrant and I was in jail for 5 days and now out by bail. Few points: 1. No physical sexual relationship 2. No money transactions 3. I did not force her for anything Proofs she has: 1. WhatsApp chats with few intimate messages 2. WhatsApp photos of mine with semi bare pics with inners. Proofs I have: 1. WhatsApp chats where I denied for marriage and her threatening messages. 2. Call recordings where I refused for marriage Our relationship was only from March 4th 2018 to March 29th 2018. After that everyday it was fighting and convincing. From April 2018 till June end 2018 she has tortured me a lot mentally. In case if I marry her, in future if any small issue happens that will be made big and there won't be any happiness for entire life. Please help me to understand how this case will proceed. Will I be found guilty? In case if the honorable court finds me guilty what can be the result? What precautionary steps I need to take in case if she tries to commit suicide? Thanks.
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hello
sir an application for quashing of the FIR has to be promptly filed before the HC so that you get a speedy remedy and in case the charge sheet has been filed then an application for quashing of the charge sheet. you cannot be found guilty when you have sufficient proof and you didn't promise her anything. that girl is a fraud and should be punished.
a complaint about criminal intimidation should be filed in case she threatens to commit suicide.
regards
Dear Client,
Courts are suffused of such fake cases which results in acquittal. Provide all the evidence to police from which day in contact, hardly met, no sex, straight denial for marriage, blackmail, threat of suicide etc. Hope fully police will file closer report or file petition in High Court for quash of FIR.
Procure all the evidence , keep them intact, provide copy to police.
dont marry her
2) no case of cheating is made out
3) you never promised her marriage only dated her .
4) you did not have any physical relationship with the girl
To me this looks an open and hut case which should be decided in your favour because you haven't exploited the girl physically or financially taking advantage of the fact that she was in love with you. Can you tell under what sections IPC you have been charged? Have you also been booked for offences under Information Technology Act?
dont worry, if you have evidence of audio recording and whatsapp chat snapshots u can prove in the hon'ble court and file a quash petition in high court against 420 charges.
The oral s*x kissing doesn't count for rape or for cheating.
Thank you everyone for your legal advices. Please let me know below, 1. What will happen in case I had promised her for marriage but now am refusing? 2.What will be the damage caused to me if I am found guilty?
No there is NO LAW TO FORCE MARRIAGE .
However, once the existence of promise to marry is proved then its breach would certainly be actionable under section 73 and 74 of the Indian contract act.
Damages for breach of promise to marry shall include not only material and pecuniary losses but also compensation for mental and moral suffering. Fraudulent representations regarding a marriage is capable of giving rise, in appropriate circumstances, to criminal as well as civil liability.
Breach of promise involves an individual’s right to prosecute or make a claim against another individual who has reneged on a promise. Breach of promise to marry at best would also attract an offence of cheating under Section 415 of the Indian Penal Code.
For instance, if a man who promises a woman to marry ;breaks the promise, it is false representation If, at the time of giving such a promise, he did not intend getting married, then it would certainly amount to cheating.
It could also be interpreted that Breach of promise to marry is different from a case of false promise to marry.
Each case has its own peculiar facts which may have a bearing on the weight of evidence, keeping in view the fact that the burden is on the prosecution to prove each and every ingredient of the offence.
However,
1) Reimbursement of expenses incurred on the Engagement can be claimed.
2) Gifts given at time of engagement may be asked to be returned
3) Allegations of Breach of contract, causing social, emotional and also financial, trauma can be made.
4) A suit may lie on account of breach of promise to marry and claim for damages under section 73 and 74 of indian contract Act
5) a police complaint can be filed for the offence of cheating u/s.415 IPC.
6) BUT MARRIAGE CANNOT BE FORCED.
case of cheating would be filed by your girl friend against you under section 420 of IPC
2) in your case there has been no physical relationship .
3) you are at liberty to call off engagement . cannot be forced to marry her against your wishes
Case of cheating but not rape. On the pretext of marriage, sex is not rape but cheating.
Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
As per the evidences in your side you may not be convicted for this offence.
She has to prove her case.
The documentary evidences in your possession will support your defence.
In case of conviction you may prefer an appeal by which you can get acquittal
Please let me know below,
1. What will happen in case I had promised her for marriage but now am refusing?
You can very well refuse to marry her, she cannot force you to marry her, in such an event you can lodge a police complaint against her for forcing you with suicidal threats.
2.What will be the damage caused to me if I am found guilty?
You will be convicted to undergo sentence which may be upto two years imprisonment