Cousin Sister taking revenge
The incident took place on the day of my own sister's marriage. My cousin sister's husband came to my home and asked my father to intervene in some of their family issues for which my father refused. He got upset by my father's response and caught hold of my father's shirt and threatened him. I was not at home when this incident took place. When I came home, I heard of this news and went to my cousin sister's home and shouted over her and her husband. She came to slap me and I caught hold of her hand and pushed her aside. All these happened between 10 - 11 PM.
Next day my cousin sister filed a petition in Women's Help cell against me saying that I slapped her and her husband in their home at night. Following that police called both of us and I have apologized sincerely for what I have done.
But she wants to proceed with filing FIR against me and take me to court. We (I and my family) are living very respectfully in the society. My cousin sister is determined to defame our respect in the society.
I have admitted that what I did is wrong and I have apologized to them sincerely. But they (my cousin sister and her husband) are very much determined to take my whole family to the court and defame us.
I am a software engineer by profession and I have a plan for an onsite assignment. I am afraid that an FIR against me might affect my career. I would like to know the legal issues in case of FIR is registered against me. Could you please advice
Asked 4 months ago in Family Law from Trivandrum, Kerala
1) if any FIR is filed you have to obtain bail and contest case on merits
2) your sister may file FIR against you under section 354 of IPC for outraging her modesty
3) you have to deny allegations and mention you mere shouted at her as her husband physically assaulted your father
1. There is no doubt that you have acted illegally. You should not have taken law in to your hand and reported the indecent behaviour of your cousin's husband with you to the police,
2. You have apologised but the fact is that they have not pardoned you even after you have apologised,
3. However, henceforth do not admit any of your said illegal act to the police or Court,
4. Ask your father to lodge a police complaint against the husband of your cousin for his said illegal act,
5. Take anticipatory bail if FIR is registered against you and contest the case fittingly.
If the FIR gets filed then your career prospects will be in jeopardy, so apply for and obtain anticipatory bail the moment the FIR is filed so that you do not suffer arrest and detention.
If she is adamant in registering the FIR, you cannot do anything about it.
In view of the apologise you have tendered she should actually withdraw her agitation against you and should not press the complaint, but she seems to be very adamant about it.
If the police registers FIR, then you can take an anticipatory bail and challenge he case before court on the basis of merits in your side.
Do not go for quashing the FIR or charge sheet, it is a mere waste of time and money because the high courts do not quash the same as a routine.