• Breaking of engagement and dowry case before marriage

Hi. I m working as a gazetted officer in central govt. got engaged with the girl in FEB,2019. After engagement found that she had lots of issue with me. first, she even was not ready for the handshake, even WhatsApp emojis like heart, she even told me not to tag her on Facebook on engagement pic. after all these issues popping up every time. I decided not to get married to a girl and told my decision to my family. subsequently, I told my decision to her family and I have Audio recording of the meeting we had in her home where I told all the issue I encountered and no discussion of dowry was there. I demanded no dowry. girl father said ok if you do not want to get married with our girl doors are open for u, u can leave now. but after 20days such meeting, now girls family filed a case in the local police station, stating that Boy demanded dowry after engagement and as we are not ready to fulfill his demand, he is breaking the engagement.

but I have an audio recording of the meeting we had in her home in front of all the family members, where girl accepted all the stuff she did, her father agreeing to breakage of engagement without any discussion of dowry or any another financial demand from our side.
did this audio recording acceptable in the court of law?
is there any impunity for a gazetted officer in such cases?
what can I do next ?
can police arrest the person directly?

as I m officer working in govt sector i m litlle bit in mental stress and don't know what should I do.. as it is completely false dowry case
Asked 3 months ago in Family Law from Nagpur, Maharashtra
Religion: Other

Respected sir... 

That will not affect you anymore Because marriage was not preformed though section do not attract you and moreover you have sufficient mean of evidence in form of audio recording that is Addmisible in the court i would like to advice you to provide that to police official that thay can close the matter... Police will not arrest you in such pity offence.. No need to worry be cool and calm.. 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

audio recordings are admissible in evidence 

 

2) there is no automatic arrest 

 

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

 

4) there is no immunity for gazetted officers 

 

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
68143 Answers
4114 Consultations

5.0 on 5.0

Yes, admissible, provide the copy to police refuting her allegations.

NO, if FIR was related to your work than for trail, sanction of the Government is require to initiate trial. 

Apply for anticipatory bail.

No arrest, police will issue notice.

 

Yogendra Singh Rajawat
Advocate, Jaipur
14010 Answers
18 Consultations

4.6 on 5.0

  1. No. There's no immunity for a gazetted officer against any prosecution under dowry prohibition act. So you must be prepared to defend yourself. 
  2. You must immediately seek anticipatory bail from district court. 
  3. Then when police registers any FIR, it won't be able to arrest you directly but would put up the case before a magistrate. In the first hearing itself, you must produce that audio evidence and plead to be discharged.
  4. If​ your discharge plea gets rejected, it doesn't mean you will be arrested (as you have already sought anticipatory bail). You will be tried and you must defend yourself in trial. 
  5. I'm prepared to defend you as your advocate. First I require an exhaustive consultation session with you. So pay a visit. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1163 Answers
3 Consultations

4.4 on 5.0

You deny all allegation. When it is false you no need to worry. Anybody in this world even me can file a false case againt anybody even you.

Opponent party must have to prove it. Upon being prove it false you claim compensation for mental agony and punishment under crimnal law.

 

 

 

Kallol Majumdar
Advocate, Kolkata
1623 Answers
2 Consultations

5.0 on 5.0

Hi

Preserve the audio recording and use it as and when required.

Once both  the families agreed to part ways amicably the question of asking dowry should not happen.

Thus, using the said recording and also the messages which were shared by the lady should come to your rescue.

Your audio recording is acceptable in court.

Do not  tamper with the said evidence.

Try and take anticipatory bail.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
902 Answers
6 Consultations

5.0 on 5.0

Yes the audio recording is accepted in the court.

See in case the officer is convicted then only there is issue otherwise till conviction there is no issue.IF FIR is registered then take an anticipatory bail and file quashing petition before the high court.

Yes the police can arrest apply for anticipatory bail now only.

 

Shubham Jhajharia
Advocate, Ahmedabad
20236 Answers
80 Consultations

5.0 on 5.0

Yes audio recording is acceptable in the court. 

If the FIR is filed then the office may serve a show cause notice 

You may file a petition for quashing of the FIR in the HC. 

What all sections have been invoked by the police ? 

 

You may get in touch if you need to further discuss the matter. 

 

 

regards 

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

You can contest the case Or file for quashing in high court if FIR is registered.  Also take anticipatory bail first

Prashant Nayak
Advocate, Mumbai
13803 Answers
23 Consultations

4.6 on 5.0

The recording will b an evidence of your innocence. U can give a copy to police so that it will b helpful for their investigation that d complaint us a false one. Police will arrest only if it is proved that dowry was demanded.

 

Sital Patil
Advocate, Kota
52 Answers

Not rated

If the police have reasonable grounds to believe you've committed a serious crime or are about to, they can arrest you without a warrant. 

Laws regarding electronic record and their admissibility are properly laid down in Section 65B of Indian Evidence Act. pls contact a local lawyer. 

 

Mohammed Mujeeb
Advocate, Hyderabad
11053 Answers
4 Consultations

4.5 on 5.0

Since they have approached police with a complaint, it is better that you and others who are accused in the complaint may better obtain anticipatory bail first and then attend the inquiry session before the police station.

Your audio recordings may not be admissible as evidence in court of law, however since ther were plenty of people who witnessed this break in the marriage, you may rope in all those witnesses during trial proceedings to support your pleadings of innocence.

If you have obtained anticipatory bail then you may not face any problem in the office nor for your gazetted rank employment.

 

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

Yes the audio recording will be a acceptable as evidence in court. 

No there is no immunity for gazette officer from these cases.

No police will not arrest you directly provide them the copy of audio recording and apply for anticipatory bail. 

Mohit Kapoor
Advocate, Rohtak
4258 Answers
1 Consultation

5.0 on 5.0

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