1. First of all try to get AB from High Court. This will be easier for you now since the Visakha Committee has exonerated you.

2. Once you get AB, your apprehension/fear of facing problem at place of employment for being arrested will be taken care of.

3. After availing AB, file a petition before the High court for quashing the FIR.

4. After the FIR is quashed, you can file a criminal case u/s 211 of IPC against her for lodging false complaint against you.

During pendency of your AB application you would not be arrested

2) rely upon report of ICC that complaint is bogus in your AB application

3) after obtaining AB file for quashing of complaint

1. Police does not require a warrant from the court to arrest you. It can arrest you without a warrant.

2. The only safety valve is anticipatory bail, which you have petitioned the HC for.

3. Whether or not it is sound case to apply for quashing can be said only after perusal of complaint/FIR. It is only in very exceptional cases that quashing is done. Even in meritless cases there may be sufficient merit to disallow quashing. So this question can be answered only after a perusal of FIR.

1. Well,since your AB is pending there is no likelihood if issuance of fresh W/A against you.

2.The report of Internal Committee is not enough reason for quashing . Any how you have to wait till submission of charge sheet as beofre that Calcutta hardly intervenes in quashing cases.

3.Quashing is no option before submission of charge sheet. SO remove this from your line of action.

I am not sure why your AB is not heard in High Court as Calcutta High Court does not make so much of time to dispose of such application.

Feel free to contact if you need further help on this. Visit my site- www.acelegalfirm.com for further details.

A) Since police has not filed chargesheet till date and I have not been arrested, can they move to court to get an order of my arrest?

If the police feels that arrest is not necessary in the case before them, then it is the discretion of police.

Section 41A deals with cases not covered under Section 41 (1), wherein a police officer is directed to issue a notice and not to make an arrest unless the noticee after receiving notice does not comply with the terms of notice or complies once and then flouts it subsequently. If the notice complies with terms of notice, he may only be arrested for the offence concerned for reasons to be recorded in writing by the police officer.

The accused is rendered some fundamental right w.r.t. procedural law as well apart from substantive rights under Article 20.

B) What are the options before me to safegaurd myself legally?

You have to first obtain anticipatory bail and challenge the case properly in the trial court.

C) Which will be better option - go for quashing after AB from high court or fight the case in lower court on merit (case has no merit at all)?

First obtain AB, wait for the police to file charge sheet, if you feel that the case cannot be challenged in the court owing to the time taken, you may chose to go for quashing the case which has less chance to get quashed because high courts do not entertain them as a routine.

1. Concentrate on your job and do not attend the case regularly.

2. You can speed up the trial of the case through the high court.

There are other ways as well which can not be discussed in public platform.

1. Petition for quashing of FIR cannot be disallowed on the ground that investigation will be fair. If the FIR taken as a whole does not make out a prima facie case against the petitioner(s) the likelihood of a fair investigation does not and shall not preclude the High Court from quashing the FIR. You could have gone to the Supreme Court against the order of the High Court.

2. If your lawyer has refused to defend you then engage another lawyer. It cannot be believed that all lawyers will yield to the party in power in the state.

3. Since there is delay in the culmination of the trial you may move the High Court with a petition to issue directions to the lower court to expeditiously finish the trial.

Ask complainant to give offer on writing as to compromise desired by them

2) get proposal vetted by local lawyer

3) then only make any commitment

4) if proposal is unreasonable reject it and contest case on merits

The police may not be reliable and cooperative.

This is almost a private complaint as the directions were issued by court under section 156(3) cr.p,c.

As the police know that this is a false case and the complaint lodged with vendetta, they may not be able to proceed due to political or any other pressure on them.

However you can fight back the case by engaging the services of another lawyer.

You can file a petition before high court under section 482 cr.p.c. seeking direction for an expeditious trial.

Did anyone ask you to go for a compromise?

If so with whom, the defacto complainant?

It is she who has filed the complaint hence she may have to look for ways to solve the issue out of court, in that case you may cooperate with her so that she will withdraw the complaint.

You cannot initiate steps for compromise with her if she is not willing to agree the terms.

1. High Courts in India refuse to entertain quash petition unless charge sheet is filed and if your had filed the said petition before the High Court pending the submission of charge sheet, it was obvious that the quash petition will be rejected. In the changed circumstances, you can file the quash petition afresh finding out loopholes in the charge sheet. Compromise terms should be verified carefully (if at all compromise is desired by you) and it should not be considered as admission of the charge by you.

2. You can also file a Writ Petition praying for a direction upon the Court lower for disposing the case with in next 6 months.

You may again approach the HC under article 227 for fair trial, writing down your grievances.

Also, if a compromise takes place then you will not have to say that you were guilty, it will be no blame game in case of a compromise