• Parents of girlfriend thretening of police complaint

I was in relation with a girl for 4 yrs and 7 months years since may 2015 to december 2020. The girl is in relation my uncles( brother of my mohter) daughter. The marriage would have to happen in year 2020. We had done sex for lot of times. We have had been to Goa, malvan, alibaug and to other places where we did sex with her consent only. All was set. But in Januray 2020 I came to know she was in a relation ship with her HOD where she was working from june 2019 to december 2019. The HOD is a married guy with 1 son. Then I told these things to her parents and to her cousin. Some nude phoos also sent by her to that HOD and she accepted that which I recorded her voice. from January to march 2020 we had lot of disputes between us. Some abusive words passed by me to her that she want only sex and all with other men. I have 1 call recording in which she said that HOD used to ask about her bra color. From all this and as I was loyal with her I could not control my anger and passed bad words to her and she has screenshot of that. but marriage was cancelled by her parents only and I was ready to marry her till last date. My question here is that can the file any complaimt against me like NC or court case ? What can be consequnces further as we heared that they are in situation to file lodge the complaint. I have so many photos of me and that girl.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

23 Answers

1. Well, if you have proof of her past physical relationships while she was still with you then keep those proofs safely.  It will later defend you against her complaint. 

2. Keep the proofs , if any , of your consensual sex as well.  

3. This girl can file case of rape or dowry harassment but there is nothing to worry much as long you produce the proofs stated above. 

In the police immediately whenever you receive any threats from them. 

Good luck. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

They may file complaint of rape on the pretext of marriage.

Prepare your defence that they only cancelled the engagement and girl was in physical relation with her HOD and this was the reason of rift between you and girl. Keep and procure more proof of admission of relation with HOD.

 

Also apply for anticipatory bail.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. In these facts case of rape for physical relationship on false promise of marriage is not maintainable as you and the girl was in love relationship and broke off due to dispute so she cannot file that case. Even in case she give complaint or FIR is registered you can approach high court for quashing of the FIR.

2. Secondly as far as abusive words are considered for same complaint can be filed by her and you kay have to defend same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If they file any complaints against you for sexual harassment then those photographs will only save you. Keep them with you.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

So cancelling a marriage is not a crime.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Do you have proof that they only cancelled the marriage? If not than procure this evidence. Call record, message etc.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. she can file a complaint of rape (establishment of sexual contact on the false pretext of the marriage), extortion, blackmail, video viral, etc

2. though true or false, but you may face harassment due to the said complaint,

3. since you have a long relationship and various evidence of her adultery, therefore, you can defend yourself bu hiring a prudent lawyer 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

In the event girl files poluce complaint take the plea that you had consensual sex 

 

2) you were ready to marry her but marriage was cancelled on account of her affair with HOD 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

You were ready to marry her but her parents refused and hence marriage was cancelled 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

- Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

- Hence, if the said girl is trying to black mailing you in the garb of relationship, then her such act will be against the law.

- You should lodge a complaint/information with police for your safety against her for extortion under section 384 of IPC, and for threatening to implicate in false cases.

- Further , on filing a complaint by her against you, you can submit her relationship proof with other people. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

They may file a case of cheating and rape as you obtained consent by promising to marry her. But you have your reasons for not marrying her. She was unfaithful and you have proof. Keep all the documents ie pics, videos. 

They cannot harm you. They may cause some problems though.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

That fact is also important and relevant.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If she files a false complaint you can seek anticipatory bail ans secure from getting arrest. There is no guarantee she can file or not. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

You are suggested to proactive and take some defensive steps. First of all, you make up your mind only to say that both of you were ready to marry but due to her parents' and relative pressure, the girl retracted from her promises of spending lives together. Keep in mind that you need to make your this stand even if you are not willing to marry her. Next, you are suggested to write informatory application to police stating that the girl is under influence of her parents' and relative and under pressure, she may file false case against you; and in the event of such complaint, you should be given adequate opportunity to put your version, before taking any action against you.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

On basis of the fact that they cancelled married and she cheated the case is non maintainable.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Consensual sex with an intention to marry is not rape. If a false rape case is filed against you, you need to fight the case on merits in the court. Remember that any crime has to be proven beyond reasonable doubt in order to convict the accused. The court must very carefully examine whether you have actually wanted to marry the girl or had mala fide motives or have made a false promise to this effect only to satisfy your lust. You need to prove that you had sex with the girl with her consent as you promised her and she accepted the fact that you would marry her. You must be having all the evidence whether documentary, recorded, audio, visual etc while you submit your evidence in the court. When an FIR is filed against you, obtain AB from sessions court and if not granted, approach High court for AB. Once the AB is granted, the police cannot harass you. The police then after conclusion of their investigation, will file charge sheet. Once you get summons from court, attend the court with a good criminal lawyer and fight the case. Feel free to contact me for any assistance.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If her parents have cancelled the marriage then there is no reason to give any complaint agaisnt you with the police until you torture or constantly disturb her to marry you.

If she is not willing to marry you then you can simply curtail all your relationship with her and avoid her totally so that she will feel relieved  and may not contact you or even attempt to giver an y police complaint against you.

There are chances when you cheated her by refusing to marry while you promised to marry her and had sex with her 

or 

if you indulge in illegal activities against her forcing her to marry you against her willingness or constantly trouble or harass her and create nuisance to her.

So better you keep away from her to avoid legal consequences. 

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It is a good thing that her parents cancelled her marriage with you.

So it would be better that you keep away from her forever.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1. Yes they can lodge FIR against you under Dowry prohibition act and they can also state that it was the reason for cancellation of marriage. 

2. They can also lodge FIR for sexual harassment but you have enough proofs to defend yourself in this case. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. She may file complaint of rape against you. If FIR gets registered then apply for anticipatory bail immediately.

2. Preserve all the documentary/electronic evidence which can show that she was in a relationship with you. You will require all this when you apply for bail in the event of registration of FIR.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

No, she cannot file any case against you, even if she files they will not stand.

If any false case of Rape is filed by her, you can take shelter stating that, it was consented sex by her.

Use your proofs i.e., the affair with her HOD and other proofs in support of your case.

Highlight the fact that, her parents only cancelled the marriage and not you.

If they stoop down to low level and file criminal case, immediately you obtain bail and fight the case on merits or you can go for quash of the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Answer: yes she can file complaint against you and family member,and also you can  file  writ petition for quashing of FIR. so before them you register the complaint or NC to the police station against the Girl and her family

or get the promise deed from them  that they have cancel the marriage and not you. Till then don't delete any photos and conversation keep them as a evidence.   

Ajit Vijay Mandlik
Advocate, Mumbai
2 Answers

Not rated

  1. As per the information mentioned in the present query, makes it clear that you had sex with her only after her consent and also you had always been ready to marry her, but it was her parents who cancelled it.
  2. I would like to apprise you that the recordings that you are having with you are sufficient enough to show that you were loyal to her, but she was not.
  3. You need to think that if now because if some threat of getting any police complaints been filed against you, you must not marry her as this will haunt you for the rest of your life.
  4. If she happens to file any false case against you you will be out of the same safely on the basis of the proofs that you are having at present.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer