Legal Question in Criminal Law in India

It�s a horrible incident happened with my wife. Prior to our marriage, one local criminal was regularly pressurizing my wife for getting married with him. She and her family was not agreed with this proposal. That person started threatening them and it went for a long time (approx. 1 year). Suddenly everything stopped. That person started tracking the phone calls of that family with the help of local call center and stared confusing & threatening all other marriage proposals approached to my wife�s family. It all happened during the 2010-2011.

Due to belonging from a very middle class family, unaware about laws and orders and afraid of police and all they didn�t escalated the matter to local police or administration authority. Being unaware of that fact the, their all marriage proposals are getting rejected due to this person with this mal intention.

I came into picture at the end of 2011. I also started receiving similar kind of threatening calls on a daily basis. Initially I got very confused about those incidents. That persons use to spoke rubbish about this girl. I started investigating this matter and found this girl absolutely innocent and clean. Gradually I started giving zero importance to those calls from that person. At that time I also did the same mistake by not approaching police due to immense pressure from both of the families (mine and her). Keeping in mind our good family reputation I did not approached police.

Gradually, everything stopped once again. My intuition was knocking that something big is going to happen. On one fine evening in a busy bus stand, when she was returning from office, police raided the area and arrested her and lots of media personals were present at that event. Then and there we came to know that it was pre-planned and well-structured execution. She called up her father for help and after 30 mins her father arrived at the police station. After his arrival and enquiring about the matter, the O.C. of that particular police station said , � You are under arrest�. She and her father got arrested under section 420,406,468,471 and 120-B IPC. On the next day, magistrate straightway rejected the bail petition and sent them under jail custody. We tried from sky to earth and visited all senior police officials and arrange for bail on the next day. For an educated lady and also an educated person like her father going to jail and spending two nights was like a nightmare. They got traumatize.

Still I tried to convince them that nothing to bother; I will marry her on the pre-defined date. We assured that, me and my parents are always with them and absolutely have no problem from our side. Finally during this entire adverse situation we got married in mid of 2012 itself.

When we came to know, about that false charge that person made we got stunned. �He claimed that, he has given few lakhs rupees to that girl and her father against the assurance of a Govt. job. After sometime, when the job was not offered, her father requested that person to get married with his daughter. Now he wants all his money back and also punishment for both of them (father & daughter)�.

We then and there checked her bank statement and found few thousand rupees have been injected into her account during three transfers in 2012 from unknown sources. Good part is that, that girl already submitted an application to back, much prior to this case for reversing all these transactions from unknown sources. Even though after application bank did not turned up and did nothing to this.

From the very first day of the case, the complainant was saying that he wants to do compounding and depending on that version, both the advocates were trying to progress accordingly. Once the charge was framed against my wife and father-in-law, and they declared themselves as �Innocent�. It was on November, 2012, which was after 6months of being got arrested and bailed. Now, from the last one year this case is under jurisdiction of sub-divisional magistrate and I can say, a NIL progress has been made so far. Time and again we are approaching to our advocate but, it seems to be fruitless and this will go on for years. Though the case is under jurisdiction, still one day my father received a threatening call from that person. With no delay we intimated nearest police station with a GD and after that it stopped.

The Magistrate called up the person on last Monday enquiring whether he wants a compounding, he acknowledged the same. But suddenly on the next day he came up to our advocate, and claimed a shocking amount of 6 lakhs for settling this. Now, we are fed up�every day our advocate is saying something new and different. That person is trying very hard to influence everybody and delaying the procedure. We are feeling nowhere and absolutely no end to this. It�s hard to believe even now a day such incident can happen.

I am requesting for your help. Can anyone help us please�can anyone guide us with the needful to be done to combat such an issue. Both me and my wife are working in very reputed organization and finding it extremely difficult to adjust with such mental tension.

Can anyone suggest, what we should do now?

1. Approx. how much time this can take if we continue to fight this under this sub-divisional court.

2. Is there any way we can move this case to High Court for speedy solution (could squashing be an option?)?

3. After we receive a clean chit (which I am sure), will that criminal get punished by the court?

4. That person is accused in several other criminal cases as well, will all of these be taken into account?

It�s my earnest request to you all to please help us with your valuable suggestion to save our family from getting ruined.

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