Your case requires exhaustive consultation at my office. Come to Bombay immediately

1. It can be criminal case .

2. The money given as loan is civil case but here the money is not given as loan.

3. Yes it can be applied simultaneously as 406 is criminal breach of trust and 420 is cheating.

4. There can be punishment for offence.

5. No it is not possible to pay fine and release as criminal offence jail is there.

6. After conviction appeal on conviction can be filed.

7. Yes it can be said as moral tripitude.

8. Yes quashing petition can be filed in high.court.

9. Charge sheet copy that is certified copy can be taken from court by filing application for same.

10. You engage local advocate for same.

11. Yes you can marry there is no issue in same.

12.The probation will not.come.in question her.

13. If proven innocent defamation case can be filed.

14.

1. As per the information mentioned in the present query, makes it clear that you have been troubled without any reason/ fault of that nature at you end.
2. Breaking of an engagement would only come under the civil law as this was the contract between the parties, and if breached by any one, would only fall for civil case not criminal.
3. But, they have also formulated false allegations in you which are of criminal nature like 406, 506 read with 34 and 120B.
4. These above mentioned sections may have criminal implications of trial on you.
5. But, till the time you are proven guilty, you can be said to be a culprit. 
6. And to prove you guilty in the present situation would not be easy for them.
7. So, please do not think like that of having been prosecuted for all these base less allegations against you and you family members.

Rest, if you like my answer, you can contact me through Kaanoon for further legal assistance, if require any.

Good Luck...!

1 Criminal

2 both have provisions

3 Yes as in CrPC 

4 Conviction

6 No 

7 Revision or appeal as in Crpc

8-16 Depends upon the allegations made in the FIR. For fee contact local lawyer.

case of cheating can be filed for breaking engagement and for criminal breach of trust for refusal to return the engagement ring 

2) refusal to return money is both civil and criminal case 

3)both can be proceeded simultaneously 

4) at most you would be convicted of offence 

5) mere payment of fine would not be enough 

6) file appeal against order of conviction 

7) quashing is to be done only in exceptional circumstances 

8) contact a local lawyer 

9) legal fees vary depending upon lawyer engaged by you 

10) case may take 10 years to be disposed of 

11)you are at liberty to marry 

12) you can file counter case of defamation if they have maligned your reputation 

13) you can arrange personal meeting with local lawyer 

14) drafting fees vary depending upon lawyer 

1) All points are valid to ask in such a situation, however if depends in the court if it is prove all evidence against you or on other hand you can file defamation case against them.

2) Sec 406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both

Sec 420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Sec 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both
It is likely that the other side if convicted will be in jail for a period of about 3 years

3) First let me know where is the situation standing among all points, what you have raised  above questions all "IF's and BUT's". so we can guide you in right direction.

1) burden of proof is upn prosecution to prove allegations beyond reasonable doubt 

2) punishment for section 40 6 of IPC Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

3) misappropriation of money would attract 406 . the prosecution has to prove that loan was given and that you failed to return the money 

4) probation of offenders act  aims to release first offenders, after due admonition or warning with advice who are alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of any offence punishable with imprisonment for not more than two years, or with fine, or with both.

See if loan money they have mentioned that is they have given you loan then they must file.a suit to.recover same not FIR.

406 ipc imprisonment and fine can both be there.

Sir ilfor.cheating dishonest.gain must be proved that is onus is on them to prove before.court that there was.breach of trust and dishonest cheating.

Probation of offender comes into play if convicted and then person can be kept in probation if punishment is not major one.

Dear Querist

my opinion on your queries are as under:-

1. Whether it’s come under criminal case or civil case, regarding broken engagement?
Opinion:- No, it is no a criminal case but if they alleged in their complaint that due to demand of dowry the engagement was broken then a criminal case under section 3/4 of Dowry prohibition Act can be registered against you and your family.
 


2. Whether refusal to return the loan money is a Criminal case or civil case. ?
Opinion:- No, if there is no loan then there is no question of return, there is no criminal case, but they may be claimed the expenses by filing civil suit for recovery and damges.


3. Whether 420 & 406 can be proceeded simultaneously and how. ?
Opinion:- Yes, because both the section will be in the same case, hence proceed simultaneously.


4. What will be the worst outcome scenario of the case??
Opinion:- Fight the cases, taken bail for all, after trial if failed then conviction.


5. Is it possible to pay the fine and get released of the case and punishment, if proven guilty??
Opinion:- Yes, it is possible but based on the discretion of the Court.


6. How to proceed after proven guilty/ what will be the next step?
Opinion:- if proved guilty, than appeal may be filed before the session court or high court as the case may be.


7. Does 406/420/506 comes under Moral Turpitude especially in case of Matrimonial 

 Dispute/engagement?
opinion:- No.


8. Is it quash able. ?
Opinion:- Can be, if you have the best defance in your favor.


9. Can you arrange charge sheet copy and what’s the fees for it?
Opinion:- its depend on the lawyer of your choice, can not mention here.


10. What will be your fees cost if you take over the case and mode of payment including Bail. ?
opinion:- as above.


11. Can you proceed speedy trial and expected duration of whole settlement of case. ?
Opinion:- Speedy trial and settlement proceedings can be based on the capability and compatibility of lawyer and parties.


12. Can i go ahead with my life and marry someone, whether will it create a problem?
Opinion:- Go ahead, there will be no problem for solemnizing marriage.


13. Can you arrange all document related to the case starting from General Diary, Bail, Affidavits and Charge sheet. ?
Opinion:- yes, it can be possible but based on your choice of lawyers.


14. Possibility of Probation of Offender Act and your view?
Opinion:- If this is first time offender and there is no criminal case pending, after conviction, the benefit of the Probation of Offender Acts, can be availed.


15. Is it a case of defamation?
Opinion:- if there is any ingredients of Defamation than yes, otherwise no, read the section 499 of IPC for this.


16. if proven innocent then counter case probability and claim for harassment ?
Opinion:- yes, a case of malicious prosecution can be filed against them before the criminal as well as civil court.


15. Whether you are Available for Personal meeting, timing and related issue, and one to one basis?
Opinion:- yes.

16. Service regarding Drafting of document and RTI ?
Opinion:- yes.


Feel Free to Call

1) Bride side people will till you any thing, have you or your family members signed on any papers. If they had handed you cash does they have any evidence regarding this.

2) Probation of offender act , will come in force if you and your family finds in eyes of law guilty in section 420 of IPC.

What is current situation of your case right now ? you come to point and be specific because at a time multiple motion does not stand in the court. its go step by step.

Kindly put your questions in initial case and not in CAPS.

Dear, Please note that these are ipc 406 and 420 are non bailable.

The queries you are asking are applicable in defence evidence and defence arguments.  Even if considering the complaint is false, That opportunity to hear your will be given to you  in detail in trial in final stages. 

Upon your statements only, as I have not seen the FIR, I assume following

1) You have been made accused in the F.I.R 

2) Police Investigation has started and in the investigation, and as per law ,Police is bound to collect evidence in support of the Complainant's version. Police is bound to interrogate yourselves.

You are advised to secure anticipatory bail . Go approach a local lawyer and apply for anticipatory bail as in these cases, Police may arrest you. When on bail participate and cooperate in their investigation. Police cannot decide truth or falsity. Police shall collect evidence and  make file and file chargesheet. Magistrate may issue warrant or summon based upon the allegations made in FIR. Therafter charges shall be framed against yourselves and complainant and her witness shall be given complete opportunity to prove their  averments made in the complaint. Thereafter , yourselves and your witness shall be given opportunity to disprove the same ( your versions as the question you are asking that cannot be answered specifically here without going through brief submitted by yourselves). Thereafter there shall l be final arguments and subsequently judgement of conviction or acquittal shall be announced by the court

3) Despite this procedure, you need to proceed step by step. First all accused shall secure anticipatory bail. Thereafter start preparing defence in association with local lawyer. Defence cannot be made online. Go engage your lawyer . Start working with him.

Dear Sir,

The following information may kindly be read.

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.

Nowadays the said sections are used to file Complaint when engagement is broken as well as Provisions of dowry Act are also invoked. The decides the same during framing if charge. Generally the loan thing is a civil case but in your  case it is involved as dowry.you can take a telephonic consultation from me through Kaanoon I will explain you in detail

1. to 4. The sections put against yiu are all Crminal in nature which shall have to be contested by you. The worst outcome will be punishment as prescribed in the said sections of IPC levelled against you. The accusations are for chating, breach ofbtrust etc and not for breaking the engagemenbt.

5. & 6. You shall have to contestv the case, challenge the adverse order if any before the Appellate Court and if you finally loose the case, you shall have to face the punishment awarded by the Court with jail term.

7. & 8. These are sections of IPC i.e. Indian Penal Code. These are quashable provided loopholes are found in the charge sheet filed by the IO.

9.& 10.  Charge sheet will be filed before the Court from where your Advocate can collect a copy thereof. The legal fees will depend on the matter for which the details of it is required to be known forst. Mode of payment can be cash or cheque.

11.The duration of thetrial will depend on the Court. However, the negotiations can be and shall have to be made with the Io/Police for getting charge sheet with loopholes.

12. Since you are not yet married, you can go ahead and marry with a new girl preferably by telling her the instant problem to avoid any further problem from her side.

13. to 16. All these things are arranged against payments to be made to the concerened parties. Counter case can be filoed against them if you are proven not guilty in the instant cases. Lawyers in this portal are available for telephonic and personal consultation and for getting the phone no. you shall have to book from this portaal.

17. You should be careful from the begining since any wrong step might lead to future disaster for you.

1. Section 406 of IPC is criminal breach of trust for which imprisonment for 3 years or fine or both can be awarded by the Court and non payment of loan amount attracts section 406 of IPC.

2. Your arguments are to be verified against the complaint lodged by them.

3.Tthe question of applying Probation of Offender Act comes only after you are found guilty and punishment is awarded. The said Act aims to release first offenders, after due admonition or warning with advice who are alleged to have committed an offence punishable under Sections 379, 380, 381, 404 or Section 420 of the Indian Penal Code and also in case of any offence punishable with imprisonment for not more than two years, or with fine, or with both.  You shall have to contest the case fittingly right from the initial stage.

1. It comes both under civil and criminal jurisprudence.

2. Both

3. No, both are conflicting with each other and either of these sections are liable to be quashed for which you can file quashing petition in high court.

4. Your acquittal is forgone conclusion.

5. No

6. You can prefer appeal.

7. No

8. Yes

9. Contact in private.

10. same as above

11.yes

12. There would be no problem on your reamrriage

13. yes

14. Does not apply

15. No

16. File case for damages

15. yes

16. yes

1.  Breach of trust and cheating are criminal case only.  But breaking the engagement wil not come under criminal law.

2. Yes, it is a criminal offence too 

3. Yes, it can.

4. If the accused is found guilty, he may be punished as per provisons of law.

5. If the judgment is passed convicting the accused with imprisonment, then fine alone may not be engough to get out of the case.

6. If proven guilty you may have to undergo the punishment or prefer appeal agaisnt the judgment.

7. If proven guilty, yes.

8. you can file a quash petition, let the high court decide.

9. You engage the services of any particular  advocate and not in general.

10. It depends on the advocate engaged.

11.  No assurance can be given for speedy trial.

12. No, it will not create any problem.

13. You should ask your own advocate and not putting the question in the general forum.

14. No possibility.

15. No.

16. You can file a case agaisnt police for malicious prosectuion.

15. Whom are you asking this question?

16. engage the services of an advocate.

It will attract section 406 IPC  also and the punishment may be both.

No possibility for probation of ofender, but what is your question about this?