• Dowery harassment against boy and family after breaking the engagement by boy.

I got engaged in November 2016 and refused to proceed just after 3 days as girl's nature was not good. I met her after ring ceremony and realised her dominating and insulting behaviour. We continuously denied for long time to all her family member that if this marriage will happen, it will spoil our life. And so I do not want to proceed. But they started forcing me for marriage by different ways and when I strictly refused, then ,girl filed a FIR against me and my family and asking for Rs 15 lac . Police registered FIR under sanction 406/506/34 & 3/4 dowry prohibition act.I want to know how to proceed now. She has written everything wrong in her application and is involving every member of my family. We were only 6 people from my family who went for the ceremony and 
rest all other people were from girl family side only. Normal Gifts were exchanged from both sides. We also give the girl jewellery and they also give me ring, and chain only. And only around 1.30 lac as tilak cash. Apart from this we did not received anything. But she has given application in police mentioning all the false details about jewellery and clothes and other items also and arranged the fake bills too. also they had their own photographer and video maker also, while we did not arranged any photographer from our side since it was a very small occasion and we were only 6 people and it was a gathering of around 40 people total . Now she is saying give 15 lac and she will take the case back otherwise she will do case in other court. This time the matter is in women cell. 
Pls tell me how to proceed and what all I can do as we cannot pay so much of money. Pls tell if in case this case is transferred to court then in how many hearings and in how much time this case will get close and what are my chances to win the case..

Thanku sir,
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 30 minutes.

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9 Answers

hello

after the engagement, you refused to proceed ahead and this does happen but if have not done anything illegal, then there is no need to be intimidated by the girl or his family. file a petition in the P&H HC immediately, for quashing of the FIR citing false and fabricated FIR.

the HC will grant you instant relief.

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

Hello sir , it is not required to scumb to her illegal demands .. These section do not apply to your case and no offence is made out against you .. It is advisable to defend your case in court .. First apply for anitcipatory bail to avoid arrest

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

you have to file a quash petition in high court against fir.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Refuse to pay Rs 15 lakhs

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt

3) apply for and obtain Anticipatory bail from sessions court

4) wait for filing of charge sheet

5) then based on legal advice apply for discharge before trial court

6) case would take 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Do not pay a single Rupee to her.

2. She shall have to submit evidence in support of her allegation leveled against you and your family members.

3. There will be no arrests made against the said DV case fild by the said girl.

4. So, contest the case fittingly by engaging a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You dont submit to her pressures.

You can refuse to pay her even a single penny.

Let the case come to the court where you can fight it out on merits and with the support of documentary evidences in your side.

She may appear to be very dreaded in the initial stage of the case, as the case goes on for years, she may not take any interest in it and the case will get dismissed if contested properly because there is no merits in her case..

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Certain things cannot be avoided.

You cannot convince the police on all aspects because they will be supporting the girl side only for the consideration received or being a woman.

You cannot say that you will not go to court.

It is not your choice.

For the present you may obtain AB and then attend the investigation session.

Watch the developments, if they still insist on proceeding, dont worry you can challenge the case in the court of law properly.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Dowry harassment cases take 10 years to be disposed of

2) your innocence can only be proved during trial

3) objective of women cell is to help in reconciliation

4) if it fails FIR would be filed against you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. Police complaint is the precursor to the Court case since if FIR is registered based on her said complaint, case will start.

2. If a case is forced upon you, then you shall have no choice other than contesting it.

3. It is she who shall have to prove that the said articles ere given to you and the Invoices are the first step taken by them to prove their point.

4.Ask the police to collect the CD and then refuse to register the complaint as FIR based on the CD.

5. Develop rapport with the police and if FIR is registered, contest the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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