• Sections 425, 354(a,b&d), 506(2) and 323 have been filed

I was in love and still am in love with this girl who is 10 years older than me, (she is 44 yrs, no children) our love relationship started 14 months ago after she decided to get a divorce from her alcoholic husband (she is a 3 time divorcee). Her husband thinks that his alcohol is not the problem and that I am the problem thats why she is divorcing him. He tried to put false complaints against me at the police station but as she was on my side no complaints were filed, infact a dv complaint was filed against him and was taken to court thereafter. The divorce proceedings are also going on. 
Two weeks ago we had a quarrel where I told her she was an old woman who cannot give me children and I don't love her.
She got angry and asked me to get out of her house, so I went. She spoke to her friends after that who counseled her. 
Last week on 1st April she went to the criminal court to fight her dv case against her husband. For some reason they both came back together (I don't know if they made up or conspired against me)
That same evening she called me to have coffee at her house at 4pm saying she only wanted to talk nothing else. Since it was Friday I came home early from work and went to her house. She has 9 big breeded dogs (huskies and bull dogs) as soon as I entered they all jumped on me to play with me, she also played with them along with me and we got both scratch marks on our body as usual after playing with them.
It was very hot in the living room soo we went into the bedroom and turned on the AC, she also wanted to smoke so we kept the dogs in the other room and closed the balcony doors so they can't come into the balcony. 
She smoked 4 cigarettes approximately one hour. And we were talking about our relationship, in the meantime her friend came over and called her on her mobile, she didn't pick up as she wanted to talk to me so she texted her instead that she is out and will be home late. At this time her servant came home to walk the dogs who had the house keys, so her friend came in with the servant as her friend was known to the servant. She knocked at the bedroom door but we couldn't hear it as we were in the balcony. She knocked for around 10 mins and then called the police at 100 saying that a woman is in distress. The police came and knocked the door for another 20 mins. We then came into the bedroom and sat on the couch when we heard the knocking of the door with a stick. She immediately opened the door and said to me that the police are here. She told me to stay in the bedroom while she sees what has happened. She went down with the police. By that time her husband who lives in the opposite building called all her friends and also the dcp and all of them did not allow her to come back up. They took her to the police station and came upstairs and asked me to come to the police station too. 
When I went there she was filing an fir against me with the sections mentioned in the subject line.
In her statement she wrote that we met in a party on Christmas Day 2014 and fell in love in January and I used to live with her since 1st feb. I never lived with her as my parents are 85and 86 years of age respectively and I used to only stay at her house 3-4days in a week, weekends and one or two nights during the week. She said in her statement that we were in love with each other and I started to hit her at the end of feb 2015, so she broke off with me in March 2015, but I threatened her to be in the relationship so since she loved me she took me back. She also said that I used to rape her and after sex I used to urinate on her. Further more in her statement she wrote, on 1st April after she came back from the dv case with her husband, she called me and broke off with me and to take revenge I went to her house and rang the doorbell, she opened the door with the safety chain and I pushed the door, put my hand inside and opened the safety chain and she started to scream for the neighbors, I then closed the door shut and took her into the bedroom and beat her and told her to remove her close or I'll tear it and threatened her that I will throw acid on her face if she breaks up with me and break her hand and legs and then kill her. 
She further wrote in her statement that her servant came to walk the dogs at 4 30 pm and her friend came in with her, upon knocking at the door and since the door was locked from the inside and no one answered the bedroom door she called the police on 100. 

Now I was locked up On Friday the 1st of april and Saturday the 2nd if April and was released on bail on Saturday the 2nd of April 2016 after taking me to the court in the evenin.
I couldn't even call for help or didn't remember anyone's numbers off hand except hers as my phone battery died that same evening. I requested someone to give me their phone and sent her a text saying that I am arrested and please don't do anything like this. But she didnt take any heed. She also blocked me from her phone and all social media.
I lost my job as her husband knows the ceo of my company and sent him the copy of the fir and I was compelled to resign on Monday the 4th of April 2016.
Yesterday being the 7th of April and one unsuccessful suicide attempt I tried calling her late night and through gods grace the call went through and I cried and told her my side of what happened to me and how the police beat me up and I lost my job and my friends don't want to have anything to with me.
She then said she did all of this out of anger and pressure from her friends and her husbands influence.
She said she wanted me to apologize to her and that she will see what she can do. I did apologize to her. 
She doesn't know the law. And I doubt she knew the ramifications of filing the fir against me. 
I don't know what to do and how I can take this further? 
How much will all this cost me now that I have lost my job? 
And what are the ramifications of this to my career?
My lawyer said that this case will go for 4-5 years unless she takes it back and she can only take it back after the charge sheet is filed.
What will happen if she doesn't go to court to give her statement after the filing of the charge sheet? Will I be acquitted then immediately or will she be summoned or arrested for not coming to give her statement in court?
Please advice?
Asked 8 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Christian
1) since your girl friend has filed FIR police will carry out investigations 

2) your statement would be recorded by police . 

3) in your statement you should deny having have committed any offence under 25, 354(a,b&d), 506(2) and 323  of IPC 

4) mention that lady was having consensual sex with you . that she had in fact filed DV case against her alcoholic husband and also divorce case pending in court 

5) you should also refer to your chat history with the lady to show that you never threatened her 

6) that you have aged parents and you hardly stayed with her 

7) in the event you look out for another job you will have to disclose about pending case against you and would affect your work prospects 

8) if during trial the lady goes back on her statement made to police you would be acquitted of the offence 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
I don't know what to do and how I can take this further? 
How much will all this cost me now that I have lost my job? 
And what are the ramifications of this to my career?
My lawyer said that this case will go for 4-5 years unless she takes it back and she can only take it back after the charge sheet is filed.
What will happen if she doesn't go to court to give her statement after the filing of the charge sheet? Will I be acquitted then immediately or will she be summoned or arrested for not coming to give her statement in court?

You have been somehow very cleverly and cunningly trapped in the net and she is the main culprit who is the brain behind this episode. If she can handle both men at a time, i.e., her husband and you  then she is capable of enacting any kind of dangerous act against anyone for any sake.
Well now since you have been released on bail, you just dont bother about her anymore.
Now you should concentrate on how to tackle this case.  Dont worry whether she comes to the court or not, you can put pressure before court for speedy disposal since she has filed the false case which can be seen from the contents of the complaint itself. 
The cost i.e., the lawyer's fee shall be determined by your lawyer alone, it cannot be predicted by anyone here. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
In her statement she had also mentioned we had consensual sex hence section 376 was not filed against me and that even after she took me back after March 2015 she loved me and continued the relationship until 1st April 2016

The above statement by her is a favorable situation to yo to defend yourself against the charges falsely put on you.





My lawyer said that this case will go for 4-5 years unless she takes it back and she can only take it back after the charge sheet is filed. How long will it take, to take the case back? And will the fir still show in a background verification? Will it be in my permanent record?

This may not stretch to so many years, it can be disposed within a year from the date of filing the chargesheet before court. 
The case cannot be taken back, she has to file a compromise memo before court and if the offences are compoundable then the court dismiss the case or else the court proceed with the trial wherein she may turn hostile and then the court may acquit you.
Once the cae is disposed and you stand acquitted then the FIR may not have any importance to the background verification.





What will happen if she doesn't go to court to give her statement after the filing of the charge sheet? Will I be acquitted then immediately or will she be summoned or arrested for not coming to give her statement in court? Even after summoning her 3 times by the court she still doesn't go to court for giving her statement, will I be aquitted?

The acquittal will not  automatic, the court will proceed with the other witness and conduct the trial. 

T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
5.0 on 5.0
1) legal fees vary . 

2)case can go on for 5 years on account of heavy backlog of cases in trial court 

3) since you have engaged a layer go by his advice  as  he  has gone through the FIR filed by your girl friend 

4). it is advisable to disclose facts about pending case to your prospective employer . dont suppress any facts 

5) if lady does not appear in court court would issue summons to her to appear in court . 

6) if lady does not appear in court then you would be acquitted 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. You were not alive to the penal consequences of cohabiting with a married woman who had a tumultuous marital life that had already reached the corridors of the court. Be that as it may, you have to defend yourself on merits in the court unless she withdraws the complaint. 

2. The consequences can be disastrous for your career prospects, more so as you were arrested.

3.  The cost will be the fee of your lawyer.

4. I cannot predict the timeline of the case. 

5. The FIR is bound to show up in background verification.

6. If she does not take the necessary steps to withdraw the case then you will have to prove your innocence, failing which the court will declare you guilty and award you prison term. No warrant will be issued against her for not recording her statement. 
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