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Rakesh   03 July 2017

False sexual harassment complaint

 Due to some official arguments, i filled a wrong s*xual harassment complaint against one of my friend who is like my brother. he was on police custody for one day, because i have not shown any evidence to the Investigation officer while register a FIR.he got a bail next day from court.

Now he approach to the high court for quashing of the FIR and he don\'t want to compromise with me.

is it required for me to hire a lawyer for this case, because i don\'t want to hire a lawyer and i don\'t want to visit high court. what would happen if i am abscond?

Please help need your suggestions



Learning

 22 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     03 July 2017

Mam, 

 

Better is to compromise and get the FIR quashed !!!!!

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Kumar Doab (FIN)     03 July 2017

Originally posted by : Rakesh
 Due to some official arguments, i filled a wrong s*xual harassment complaint against one of my friend who is like my brother. he was on police custody for one day, because i have not shown any evidence to the Investigation officer while register a FIR.he got a bail next day from court.

Now he approach to the high court for quashing of the FIR and he don\'t want to compromise with me.

is it required for me to hire a lawyer for this case, because i don\'t want to hire a lawyer and i don\'t want to visit high court. what would happen if i am abscond?

Please help need your suggestions

'he don\'t want to compromise with me.'.

Face the case and heat.

 

Only a very sharp and very smart and senior local counsel of unshakable repute and integrity specializing in such matters may be of some help to you.

But you don't want  to engage.

Then appear as PIP.

Where would you and how long would you abscond!

If OP is determined he would chase you.

 

Raveena Kataria (Advocate )     03 July 2017

Here, I'd have to agree with Kapil. What should have been the case is, both of you together should have moved a petition (with mutual consent) to the High Court for quashing of the complaint on the basis of the settlement arrived at between the two of you.

However, since he's already approached the High Court, it'd be in your best interest to try and come to amicable terms with your friend (the accused) and ask him to withdraw his petition for quashing as during the pendency of a suit for quashing, another such petition cannot be filed. If he does withdraw, you both can jointly file the petition again and the High Court would quash the complaint without need for much further evidence.

Rakesh   03 July 2017

Yes mam i agree with you, but the guy is not ready to compromise with me...and he has changed his house and mobile number as well. 

I got information from some person that ​he is planing for counter case as well as Defamation case on me
I am very scared now.....  what to do now?

Rakesh   03 July 2017

Kumar Doab (FIN)     03 July 2017

Try to visualize the matter from the perspective of employee that has been accused with serious accusations (that are false as per your own post).

His career, employability in current and future establishments is at stake.

He needs to be out of the mess on merits.

Acquittal by compromise  may not be viewed as Honorable acquittal by his current and future employer.

He may still be subjected to harassment even if you offer to compromise.

In addition his social repute, professional image has been tarnished.

Is he suspended, terminated or has been made to resign?

Why is he not willing to compromise?

Rakesh   03 July 2017

Kumar Doab (FIN)     03 July 2017

If he conceals this episode in his future employment applications/job forms/affidavits he can once again lose his job and subjected to disciplinary action................

If he does not conceal he is at the mercy of next recruiter..........

His act and action is in accrodance with his rights to defend his interest.

Tit for Tat is usual recourse for such sufferers.

It is in your interest to compromise with him.

 

 

Kumar Doab (FIN)     03 July 2017

Try by involving some persons say; colleagues, and offer to co-operate.

 

Rakesh   03 July 2017

Kumar Doab (FIN)     03 July 2017

The official arguements and altercation might have occurred in premises of employer.

The employer and its attorney's in Line Management/HR have washed their hands after extracting resignation from him. They knew that you will also move out................on your own.

In the spur of moment you did not realise that soon you shall be the lone pessenger in the boat.

You are now the lone pessenger in the boat.

Does your family know about it?

 

Rakesh   03 July 2017

Kumar Doab (FIN)     03 July 2017

Hope you shall take it positively.

A woman has better and developed common sense; a gift of god.

One doesn't have to be qualified to the level of Ph.D,D.Sc to have common sense.

Common sense is far better than IQ, atleast in such matters.

Your husband probably guided you on feedback from you.

He could have resisted such temptation.You could have resisted such temptation, even if your husband proded you or sided with you.

Both of you or  atleast you should have spoken to a  very able local senior counsel worth his/her salt and of unshakable repute and integrity specializing in labor/service matters or atleast elders of your family......................

It is your life, your job and should be your decision; based on common sense.

Either face the matter

or

find your own ways to approach the affected employee that is sufferrer of false accustations and implications and compromise and close all cases to his satisfaction.

This time involve your elders and competent and experienced well wishers.

Prefer to consult a very able counsel as already suggested.

 

 

 

Rakesh   03 July 2017

Sir i have only one proof with me, after the guy released from jail, from next month onwards i received many international blank calls, and i am 100% sure that these calls are made by that guy only. and i informed this to police and they sent these number to cyber but unfortunetly they did not find anything because all calls are made by internet. so can i show these number as evidence on court.


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