Hi Lawyer's, I really do not know, in which category my situation falls in (Criminal, Family law or constitutional). But, all i need is, could i really achieve, if i opt for a legal process? if Yes. how? My Question: It all started in late December, where i have been engaged to a girl upon mutual likings. I was completely Ok and as was she. Problem started when one of her friend who is a boy saw me in a new year party eve, with my girl friend (She is my Friend). He went on and whispered with the girl whom i engaged. They followed me in search of my room and found. on Jan 7th 2016 she and three of her friends who are boys came to my room after 9pm, where they found me and my friend living together. I never thought of cheating anybody, and my girlfriend knows everything. There, they have recorded a video, for a proof that we stay together. I have tried to convince her in every aspect, and were ready for any tests, to prove genetically and my girlfriend is ready for that. Following, the matter went to family the next day. Introducing her father who is a president of a political party of that town, was naturally on fire. He was completely attacking vulnerably vocally with my parents on phone and called upon to his home. My father who is a respected business man, spoke calm and thought of resolving it. But what happened after this is undigested, for which i need the answer from you. After reaching to their home with my family, they have behaved vulnerably, brought around thirty odd cheap rowdies, beaten me with out hearing any concerns. Then took me inside their home, they forced me bow to them asking sorry, for which they video recorded too. Then, they started the drama bringing in sarpanch, to scare us and were said to pay 1 crore rupees in the account of her child. Then, i raised the voice for discussion with my parents, for which they denied. I was direct on them. So they took my father beside and spoke to him and finally they dealt and grabbed around 40 lakh rupees (including gold), from us. So, hoping you got a picture for what happened with me, i request you to please answer me for Yes, there is wrong from my side. I admit it. But what is that wrong? Living together . Next, I did not harm, the one whom i gonna marry to, in any perspective. So, 1. They have manhandled me, assaulted me and my parents, which is concerning me every day. Do they have to do this? (Understandable, in Fathers perspective) 2. They have grabbed money which is not at all the small amount. Further, i want to take on legally on them. I'm ready to face any challenge and suitable punishment for that matter. Will I be justified, if i go legally. Please state some points to what can happen and what could be done. Hoping the quicker reply Thanks and regards, Shravan
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1) how was Rs 40 lakhs paid by cash or cheque ?
2) ifyou have been manhandled assaulted obtain medical report of injuries
3) file police complaint against FIL and others for causing hurt under section 324 of IPC and criminal intimidation under section 506 of IPC
4)if police refuse to register complaint you can file pvt complaint before magistrate under section 156 (3) of Cr pc to direct police to investigate and submit report
1) Amount was paid in terms of 600 gms of gold and 20 lakhs in cash. A third person is there from both of the families, when paid this amount. 2) Will the case be for my side and could i get back the money they grabbed? Yes or No 3) What could i do to protect my self from them further, if they attack me. I mean police protection?
1) you have no evidence of cash payments made
2) if gold was handed over do you have any witnesses for having done so
3) we cannot guarantee results of litigation
4) it all depends upon evidence placed on record
5)install CCTV cameras in the house
6) record all threats received
7) if you are attacked lodge complaint with local police station . Send copy of complaint to supdt of police
1. You can file a criminal complaint for cheating, criminal intimidation and theft against her father and people who came with him.
2. You are also required to file a civil suit for recovery to recover the amount they took from you.
3. If political clout is misused to file false cases against you then seek anticipatory bail to preempt your arrest.
Since you have not done anything wrong you can launch the offensive rather then being on defensive. Consult a lawyer personally before moving ahead.
Hi Shravan
Unfortunate that this happened to you and your family.
Today, boys and girls do live together in a same flat and need not be sexually involved as each of them know what they are doing.
Now file a complaint against the girl, her father and others who took your money in the police station. THe police might not take your complaint, but you can go to the district court and high court thereafter and ask the courts to ask police to investigate the matter. Sometimes the court might also ask the Investigation officer to report the matter directly to them(since the amount is 40lakhs and the other side is a leader of political party). If you need any legal help, feel free to call me. if you wish you can also meet me when i come to banglore for my other cases.
1. They have manhandled me, assaulted me and my parents, which is concerning me every day.
Do they have to do this? (Understandable, in Fathers perspective)
Nobody has a right to assault or manhandle anyone at his own will and wish. They are to be brought before law by way of a criminal complaint with the local police, and if the local police do not pay heed owing to political pressure, the complainant may approach the higher police official of the same district. If there is no proper response from higher police officer too, then the complainant may approach JMFC court with a private complaint under section 156(3) cr.p.c. seeking direction to the police to investigate the matter and register FIR to book the culprits as per the provisions of law for the offences they committed against the complainant and his close relatives.
2. They have grabbed money which is not at all the small amount.
Further, i want to take on legally on them. I'm ready to face any challenge and suitable punishment for that matter. Will I be justified, if i go legally. Please state some points to what can happen and what could be done.
taking money forcibly from you is an offence of extortion holding you on ransom. You should follow the legal course of action properly to punish the culprits accordingly.
1) Amount was paid in terms of 600 gms of gold and 20 lakhs in cash. A third person is there from both of the families, when paid this amount.
Since there are witnesses to the atrocities happened, you can lodge the criminal complaint without any fear and may name those witnesses as witness to the ugly incidences that took place to harass and torture you.
2) Will the case be for my side and could i get back the money they grabbed? Yes or No
Yes, but you should engage a prudent and highly skilled lawyer who will be able to tackle the issue properly.
3) What could i do to protect my self from them further, if they attack me. I mean police protection?
Yes, you can seek police protection.