Legal Question in Criminal Law in India

RESPECTED SIR, PLS GO THROUGH MY STORY AND GUIDE ME -

(1)A GIRL CAME TO MY HOUSE ON 09/11/2009 AND TOLD ME THAT SHE WAS HAVING PHYSICAL RELATION WITH MY BROTHER SINCE LAST 02 YEARS. BUT MY BROTHER IS NOT INTERESTED TO GET MARRIED WITH HER AND THEREFORE SHE WILL FILE A COMPLAINT AGAINST HIM.

(2)ON 11/11/2009 WE SENT HER A LEGAL NOTICE STATING THAT "U FORCED MY BROTHER TO HAVE PHYSICAL RELATIONS WITH U. SINCE THE RELATIONS WERE WITH UR CONSENT THEREFORE IT IS NOT A CRIME IN THE EYES OF LAW."

(3)ON 13/11/2009 SHE FILED A COMPLAINT TO DSP AGAINST MY BROTHER TO IMPLICATE HIM IN CASE OF RAPE.

(4)SHE RECEIVED THE LEGAL NOTICE ON 18/11/2009.

(5)SHE DID NOT COME FOR ENQUIRY WHEN CALLED BY DSP TWICE. IT IS MENTIONED BY DSP IN HIS REPORT.

(6)ON 25/11/2009 SHE GAVE A AFFIDAVIT TO MY BROTHER STATING THAT THERE SHE WAS NOT HAVING ANY PHYSICAL RELATIONS WITH MY BROTHER AND BECAUSE OF SOME MISSUNDERSTANDING SHE FILED THE COMPLINT. THIS AFFIDAVIT IS ON RS300 STAMP PAPERS AND ATTESTED BY THE EXECUTIVE MAGISTRATE. IT WAS SUBMIT ED TO THE DSP BY NY BROTHER. IT WAS ALSO WRITTEN BY HER THAT SHE WILL NOT FILE ANY SUCH COMPLAINT AGAINST MY BROTHER IN FUTURE.

(7)ON 26/11/2009 SHE ONCE AGAIN FILED SME COMPLAINT AGAINST MY BROTHER IN WOMEN CELL.

(8)ON 09/12/2009 SHE AGAIN WITHDRAWN HER COMPLAINT FROM WOMEN CELL STATING THAT SHE HAD FILED THIS COMPLAINT BECAUSE OF SOME MISSUNDERSTANDING. SHE ALSO STATED IN HER NOTE THAT "SHE HAS ALSO WITH DRAWN HER COMPLAINT FROM DSP."

NOW OUR PROBLEM IS THAT SHE IS STILL SENDING THREATENING SMS TO MY BROTHER.

WE HAVE A VIDEO IN WHICH SHE HAS ACCEPTED THAT SHE HAD PHYSICAL RELATIONS WITH TWO MORE MALES. SHE ALSO ACCEPTED IN IT THAT MY BROTHER NEVER MADE ANY PROMISE TO GET MARRIED WITH HER.

IN ADDITION TO THIS WE HAVE ALL THS SMS SHE SENT TO MY BROTHER.THE MOST IMPORTANT ONE WAS THAT SHE SENT WHEN THE CASE WAS UNDER ENQUIRY OF DSP IT WAS "I LOVE U"

SHE IS MAKING THE WORDING OF LEGAL NOTICE SENT BY US, HER TOOL TO BLACKMALE MY BROTHER AND ALL FAMILY MEMBERS.

PLS TELL

(a)CAN WE FILE A CASE OF DAMAGE AGAINST HER? WE WANT TO GET RID OF HER THREATENINGS. IT WILL BE GOOD TO FACE THE COURT. WHAT IS UR OPINION.

(b)IS THERE ANY TIME LIMIT TO FILE THIS CASE?

(C) MY BROTHER HAS APPLIED FOR PR FOR CANADA. CAN HE LEAVE THERE IF HE GETS VISA DURING THE CASE PROCEEDINGS?

(D) IS THIS LEGAL NOTICE IS GOING TO BE DANGEROUS FOR US?


Asked on 4/19/10, 11:49 pm

1 Answer from Attorneys

Pravin Vaidya Independent

I think your brother should file police complaint against the girl giving all details and documents and seek action against her for harrasing him. Presuming that you are not concealing any material facts,this is a fit case of harrassment by woman to man

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Answered on 4/22/10, 6:19 am


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