Harassment by girl friend for marriage
My brother was in love while his studies. She contacted my brother through Facebook. She is a model and my brother is a doctor(just completed the studies). After studies both have done engagement. After engagement the girl wants my brother to be separate from my parents. But my brother doesn't want to leave parents. So after so many disputes in both the family my brother has separated from that girl.
Then after one Month she has raised FIR against my brother and my mother for IPC 376, 114, 420, Atrocity act 3110. Them Police arrested my brother and he has been sent to jail. For my mother we have taken stay from Highcourt as we have gone for the quashing procedure. Now my brother is out on bail as there is no prima facie evidence on him.
After that she has filed 3 more FIRs against my brother and mother as per IPC 506, 392, 114 and atrocity.S
She is having political back up and also she uses the power of police. Every 15 days we have new fir and we have to face the problem.
So Is there any legal ways to stop her. Because she wants to marry my brother by her own condition which is not acceptable. Also in front of police she is threatening us to do suicide to harass my brother.
Please advise how to stop her by this wrong doing.
Asked 10 months ago in Criminal Law from Anand, Gujarat
Your brother should secure anticipatory bail immediately to preempt his arrest in the FIRs which were lodged after he came out on bail in the first FIR, failing which he may again be arrested and put behind bards. She may be having political clout but it does not work in the court as you may have realized after your brother secured post-arrest bail. Your brother is free to move the HC for quashing of FIR. You cannot stop her from filing complaints against you to police, you can only contest those in the court on merits. A counter complaint for threatening to commit suicide to implicate your brother may be filed against her.
it will be advisable that you approach the high court with a writ.
Though you have legal options like to take legal steps under perjury for false prosecution the steps can be taken only once you are completely acquitted by the court
So you should approach the high court to issue a direction to the police in this circumstances of proceeding without proper inquiry or investigation and repeated false complaints and FIR. high handedness with the police or political influence should brought out.
There is no other way to stop her from doing it as long as police entertain the complainant . At any cost she cannot force the man o marry her .Not any provisions under law also can do that .
However make sure that existing charges of 376 do not stand and there are no evidence to prove it .Sec.376 is looked at different way in trial other than the time of FIR. Though police take FIR 376 when it comes to a lady complain of rape after man calls off a marriage .
Ask your brother to file a case of mental harassment against this girl at the local police station, clearly complaining that from the date of cancellation of the engagement, she has been threatening him that she will commit suicide and also she is filing false cases against him and his family to avenge her rejection. Send a copy to the media and ask them to publish this in local newspapers as she is a model.
Send a copy of your complaint along with the newspaper article to the city police commissioner for information purposes.
Let your brother very clearly mention in the complaint that he does not want to marry this girl and that she is trying to mount pressure on him by filing false cases and bringing pressure from the local police and that she is having big political backup as well.
Your brother should lodge a complaint against her on the grounds of threats posed by her.
He can state tht she is giving suicidal threats if he is not marrying her. The reasons for not marrying her is that her attitude before marriage itself is very arrogant and she is adamant about getting separated from the parents even before the marriage hence it was decided to cancel the proposed marriage.
However she is taking advantage of women biased laws and is continuously lodging different cases on the same cause of action just to harass your brother and to put pressure on him to get married to him forcibly without his consent which is nothing but an illegal act.
A complaint on the above lines may be forwarded to the highest police officer of the district with a copy endorsed to the top police official of the state and while returning from the office of the police officer, the information to be flashed through media about the atrocity using political and police influence by her.
This action may put a break to her stop indulging anymore with such unnecessary actions.
A case in counter shall be a better remedy than any other option.
for filing cases is individual rights hence nobody can stop her legally, but you may file quashing the FIRs before high court if FIR are based on false and fabricated facts.
Advocate, New Delhi
You can come out of all the offences i.e. 376, 114, 392 except 420. Your brother will be effected by Sec. 420 of IPC. Your brother has come out on bail, it does not mean, your brother has won the case. The Main case is still running. It depends upon your lawyer how he will defend the case. If your lawyer is weak, you have to go to jail.
There is only one chance to come out of the case. If that lady does not have enough proof to establish the engagement you will be safe. She should not have Photos, messages, emails, phone calls in call data. She should not bring any witnesses to the court to support her case.