Ex-girlfriend filed a 354(A)
Hello folks, I am seeking advice on behalf of a very dear friend. This might be long so please bear with me. She was in a relationship with a guy for almost a year. Midway through their relationship their respective parents found out. A lot of drama and fights ensued, but then my friend's parents and his father accepted the relationship. His mother didn't agree at all, so in order to assuage her they told her that they would just be friends.
They both went to Europe for their respective studies and spent christmas holidays together. Somehow, my friend's mom found out about that and knowing that live-in relationships are a big deal in India, she asked for the two to get formally engaged now and married a couple of years later (when they're both well settled). Both of them agreed to that and the guy assured both my friend and her parents that he would do the engagement (no matter the consequences) His father was also present when all this discussion went down and even encouraged him to keep his commitment.
After that discussion things became murky. My friend told me it became very difficult to contact him. His father went out of station for work and his mother started creating a big scene. She threatened suicide and started getting breathing attacks and whatnot. She refused to eat and threatened to disown him if he went ahead with the engagement. My friend kept reassuring him that her parents would support him in the worst case scenario also. But he couldn't take a firm stand and one fine day he ended things with her. A couple of hours later he came and met her and told her that he had a mistake. Once again, he told her in order to prove his loyalty he will do the engagement no matter what, even if that means leaving his parents.
But then he lost contact once again. After a couple of days when she finally spoke to him he said that his parents wouldn't agree to the engagement, but that they had told him that he could marry whoever he wanted once he is done with his course. Naturally my friend was skeptical and asked what was the guarantee they won't back out later as well? (considering that he had already backtracked) But he made it very clear that he won't go against his family/leave his mother.
After that things became even worse. Her parents were furious and went to meet his parents, who weren't home. They waited 4 hours but no response. They had to dial 100 to make the police call them back. But they reached the police station directly. Things became ugly at the PS as his relatives also came along and openly assasinated my friend's character. They even became violent with a lawyer.
After that night, the guy left for Europe overnight within 24 hours without informing anyone. My friend and her parents were both confused and panicked because his family went underground and stopped taking calls/messages from them. They told their society guard to lie and say that they were out of station. The guy changed his number and went out of contact as well. When she eventually found out that he had left, she felt cheated and lied to. She confronted his parents (through some other number) to bring him back so that he could apologize and give an explanation. But nothing happened.
The Police suggested to file a rape case as they normally do. They said it would bring him back in 2 days and he would be answerable. But she and her family did not want that and just wanted a strong enough FIR to get him back for an apology...so the Police (after a lot of harassment and arguing) filed a case under 354 (A). It has been 15 days and his family remains underground and out of touch. The boy hasn't contacted her in a month (ever since he left)
She is now considering withdrawing the FIR because it's not serving any purpose. I advised her to let it stand as a family like that deserves to be punished. Any advice?
Asked in Family Law from New Delhi, Delhi
1) girl should forget the boy and move on in life
2) there is no future in the relationship as boy and his family are not keen on the marriage
3) it was a consensual relationship that went sour
4) if girl had sex with boy under promise of marriage then case of rape is made out as consent was not free and unequivocal
1. The case u/s 354(A) is non compoundable offence and hence it can not be compromised.
2.However of both parties want the case can be quashed mutually from High Court .
3.If the case is not compromised then the trial will commence and the court will pass final decision.
4. In criminal cases the rate of conviction is very poor in India.
A case under 354A is not made out as no act committed by the boy to outrage the modesty of your friend or to rape her has been stated by you in your query. The boy can also file for anticipatory bail to preempt his arrest. It was not a wise move in the first instance to file the FIR when no offence had been committed. Your friend should withdraw the complaint and move on in her life.
This is a case of live in relationship. There very meaning thereby is that the friends can part each other whenever they would like to ad there cannot be any claim over one another after that . But this seems not to work out in the real sense. The developments create bitter situation where it ends in exchanges of spat and revenge taking spree.
As a matter of fact your friend's decision to leave the matter as it is without following i up any further wold be a better choice since it is not going to fetch any fruitful result even if they are brought to books. The developments will be more ugly once they also start taking any action as a retaliation.
Dont take any hasty decisions, instead think about all these patiently, realise the consequences and then take wise decision at a right time.
Hi, Ask your friend to don't withdraw the complaint it will not help her.
2. It is better her to proceed with the complaint.