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  • Ex-Girlfriend Blackmailing to File a case

I dated a girl from Jakarta Indonesia, we met twice after getting into relationship. Once in India for a period of 2 days and once in Singapore and Malaysia for a period of 10 days.I met her last in November 2019. She was extra possessive and tried to control me a lot. I asked for break up and now she is threatening me that she will file a case against me and put me behind bar. I never promised her about getting married and whatever happened was with mutual consent. What should I do?
Asked 5 years ago in Criminal Law
Religion: Hindu

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21 Answers

In your case in case there is any sexual relationship that is concerned sold if there is any fraud committed by you in terms of money that could be the only reason where the case can be registered simply by having relationship does not mean any fraud any crime committed so be comfortable.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) No need to bow down to pressure tactics 

 

2) you had consensual sex with no promise of marriage 

 

3) you cannot be forced to marry her against your wishes 

 

4) in case she files false rape case in India apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Whether there was promise of marriage or not is to be tried in court.  Before that if she files a case of rape in India the Police would register a FIR and can eventually arrest you. 

2. Therefore before police apprehend you an application for anticipatory bail can save you. 

3. By all means try to settle amicably.  Don't forget that such sex escapades have its own price.  So if you can't afford to bear don't venture out.

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

How did you meet?? Also if there were only a few meetings she cannot demand anything as no rights accrue to her due to such a casual affair.

Don't meet her or talk to her. She is just threatening you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to first seek anticipatory bail if false FIR is filed by her. Till that time just wait and watch

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you don't have to go to  Indonesia again then just ignore her threats.

In India you block her in all your social media access points. 

You block her telephone number. 

For filing a case against you in India she has to travel to India and remain here till the disposal of the case,  which may not be practically possible. 

Hence you can remain silent without entertaining her anymore. 

You cannot argue with the police that the relationship was mutual,  you may have to prove that the charges are false before the trial court only,  therefore as much as possible,  avoid being in touch with her anymore. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Nothing just sit Quietly.  If she complains than be ready with the proofs that everything happened with the consent of both 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

-  As per Section 90 of the IPC , When the accused gives promise to the victim to marry her, never had any intention to marry and the victim gave the consent for sexual intercourse on such an assurance by the accused that he would marry her, such a consent can be said to be a consent obtained on a misconception of fact and, in such a case, an offender can be said to have committed the rape as defined under Section 375 of IPC , and can be convicted for the offence under Section 376 of the IPC.

- Hence, the consent for physical relation obtained by your boyfriend by giving false promise of marriage is amounts to rape.

- Further , as per the Supreme Court,  When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.

- Further for consensual sex relationship no case made out .

- Since, you never promise her for marriage and the relation was consensual , hence no case made out , even she files a complaint against you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Don't do anything.

Because you did something in the past you are here.

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

File a police complaint for blackmailing by the girl by name and don't admit that she was your girlfriend ever say only you know her by meeting casually.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Please keep everything on WhatsApp and E mail for future aid to save you from her false accusations. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Try to convince her else ignore her. File a GD in your local PS about her threat for wrongful gain.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear sir,

Firstly, you need to be assured that this case does not fall within the definition of rape or any other offence whatsoever. There are numerous Judgments of Supreme Court and High Court which state that such cases of entering into physical relationship do not constitute "misconception of fact" or "obtaining consent by deception". 

Secondly, start keeping all the evidences safe with you. Save all your call recordings, messages, photos, medical reports (if any), hotel/food/flight bills, gifts exchanged etc. The idea should be to collect everything in order to counter her possible allegations against you. If her allegations are false, definitely she will goof up somewhere and all these evidences will help you immensely later in the investigation and trial. 

Thirdly, if she continues to threaten you, lodge a written complaint in the local police station stating all the facts. It will be helpful in case things turn ugly in future. 

Hope this answer helps.

Best wishes. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Avoid her.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello,

  1. Although whatever happened between you was with mutual consent, the onus of proving that would be on you in case she files a criminal case against you.
  2. She can lodge an FIR against you accusing you of having indulged in physical relationship with her with a promise to marry. It would be advisable to file for anticipatory bail and face the trial without having to be sent to police or judicial custody.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. See at this stage no case is filed in case she files any complaint you may contest same and also in case of any evidence that their no promise of marriage for physical relationship same can be produced before the authority.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Do not yield to her black mailing tactics.  Have proofs viz., messages, mails, whatsapp chat etc., to support your case.

If any false case is filed then you obtain bail and contest the matter on merits.  

You can also go for quash of the said false case.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No need to worry, just block all contacts. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You don't have to do anything except to record and preserve threats given by her through social media.

2. If she files a complaint and FIR is registered then apply for anticipatory bail or file a petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You don't have to do anything just break all the communication with that girl and block her from all social media apps.

2. Most probably  she is just threatening to file case agaisnt you which will not happen but if she file any case then her messages and photographs with you will help you to defend yourself.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have also been going through a phase in which many men are for the time being as after having an affair with someone and then putting to an end then girls do threat for false cases without even understanding that all was mutually.
  2. I would like to apprise you that you are safe as you haven’t mentioned or expressed about getting married to her before getting intimate with her.
  3. But, if she still happens to file any such case then you need to very proactive to get yourself protected from the arrest in near future.
  4. Avail all your remedy in law for putting yourself into safe position.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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