Wedding cancelled

Hi Sir, We have successfully filed a private complaint in the district court.Judge had passed the order to the local women police station to enquire and provide a report.However, the police Sub inspector has filed an FIR and produced it to the court.The Judge has again passed an order mentioning "Awaiting Report" .But the Police inspector is hesitant to call the accused for an enquiry.She says since the complaint has been registered in the court , she does not have any rights to call the accused and enquire.She says the enquiry will be done by the court itself. All she can do is to arrest the accused once the Warrant is issued by the court. We are not able to understand this.Court asks her for the report she says she cannot enquire.The worst part is the accusseds are still not aware that FIR has been registered against them. They have no clue about this legal action.Our lawyer says Inspector has to give a report but don't know why she is avoiding.We are confused and disappointed. How can an FIR be lodged for 3 weeks and the accusseds are let off without even knowing them about this? Please advice. Thanks a lot.

Regards,

Kalpana

Dear Kalpana, Why you now want to take revenge against the man and waste your money in all these court matters and proceedings? Let him go away and god will punish him, dont worry about the course of action to be taken on him. Please find a better guy, there are lots of guys for you out there, try and hope for a better person whom you like the most. Dont waste your time and energy and money in this matter................please I pray for you as you will not get anything out of this but your time and money and energy will go waste Regards, SAM

Hi,

Thanks for the response. However, if we had thought the same way and let go Ajmal Kasab then he would not be hanged and the families who lost their loved ones would not get justice. I know my case is not that severe but anyone who cheats needs to be accounted and justice is to be given to the victim. Letting go off is not an option such people will do the same thing to another girl .So any adive on the post except letting go off or re concilation is welcomed.

 

Regards,

Kalpana

what would you do if you cancel the marraige ? think twice

 

tell me under which section police booked FIR?

I think FIR is weak, on lodged because you bribe police ..

but since marraige is not happen.. no case is made out,

I would not cancel the wedding just because i could not get what i demanded. Please go through the case. I was harassed too .

Court has ordered under sections 419 and 420

We haven't bribed the Police .If we did may be she would start the enquiry . This is going on from 4 months without any progress .Feels bad to know our law and constitution is so weak.

i dont belive, that police registered FIR so easily and dont work on it.

Yes,it was a court order passed and we have the FIR with us. What does it mean not to work on it?

Are you a lawyer by any chance?

Ms. Kalpana congrats for getting out of this. Try to see positive aspects of this. techinically its a very week case. I want to request you not to waste your time and energy in this legal matters. As to prove your point you need to be equiped with very very very strong evidences. If evidences are not strong to prove them guilty then he may be released due to benifit of doubt.

 

And if you really want to do something then expose him in front of his 30 relatives and 300 friends by circulating all proofs.( be very carefull in doing that) After that move in life and concentrate in carrier and future.

 

All THE BEST. 

kalpana...dont behave like a loser. you fail to win the case and incase they file counter cases for defamation. You will be in trouble.

leave the assole and move on..keep your patience intact buddy.

Ms. Kalpana as you said that victim should be punished I agree with you, it’s not always true… As looking to the matrimonial cases all the criminal can’t be punished. I myself is also a sufferer but I can’t do anything I have to loose my lovely daughter & beloved wife. Making it short I was happily married person having happy family. But due to third person all mess happens in 2009 and I was not able to get justices. I caught intolerable and unexpected SMS & emails between my wife and her so called friend (third person, who had just come to abuse) I talk to her parents but I was not stop and once we had a big fight and in that I slap once and asked her what all this nonsense going on. At that time she went to her parent’s house taking my daughter too. There after I tried to contact her and call her back but her cruel mom sent me a legal notice and all went wrong. I put case to call her back with all compromise but in turn she put all false case of divorce and 498 & DV due to the my whole family had to visit polish station. They never allow me to meet my daughter also. After 2 years in Aug – 2011 I have to sign divorce against my wish and I lost everything. Still that fellow is free and I did not get justices though I do have all the strong evidence. But due to our all law is in favor of female I lost.

 

I just want to say do whatever but first think for 10 time and then do it as just now you are out of the mess but if you involve in case you will be in trouble again.

 

Om Sai Ram…

 

@Author

 

Your's is a sad tale of grief. I'm sorry that you had to go through all that and I have full sympathy with you.

 

There are few important points which you need to understand:

 

- The wedding never happened.

 

- There was an assurance of marriage by the way of engagement. 

 

- You made certain transactions in favor of the prospecting groom and used to talk to him over phone and video chat.

 

- The groom returned everythign shared in the engagement and also transferred Rs. 65k back into your account.

 

Now given to the above facts, nothing conspires which could be dealt with by a criminal court. Although in the Indian setup, the District Court took cognizance of the private complaint and issued directions to the Women Police Station to register a case under S. 420IPC and investigate, but now the court would rely only of the report of investigation. 

 

Emotions and sentiments might play 20% role in the court of law in India, but remaining is to be proved legally with evidences and witnesses. Cheating under S. 419IPC and S.420IPC is given below for your understanding:

 

 

Section 419. Punishment for cheating by personation

 

Whoever cheats by personation shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person cheated with the permission of the court.

 

 

Section 420. Cheating and dishonestly inducing delivery of property

 

Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

 

CLASSIFICATION OF OFFENCE

 

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.

 

 

Comments

 

Ingredients

 

(i) Even if the allegation made in the complaint are accepted to be true and correct, the appellants cannot be said to have committed any offence of cheating. Since the appellants were not in picture at all the time when the complainant alleges to have spent money in improving the bottling plant, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive complainant; Ajay Mitra v. State of Madhya Pradesh, AIR 2003 SC 1069.

 

(ii) The offence of cheating is established when the accused thereby induced that person to deliver any property or to do or to omit to do something which he would otherwise not have done or omitted; Mahadeo Prasad v. State of Bengal, AIR 1954 SC 724.

 

 

Plain reading of the sections shows that Cheating is an act of deceit and inducement with a criminal intention to deceive. Here what is most important to note is the intention of the accused. In any criminal case the intention play the pivotal role in deciding the guilt.

 

In your case, the accused can take an alibi that he never intended to call-off the wedding and that whenever he demanded money or some gratification it was only out of love and matrimonial alliance being setup with you. Also, at the end of the day, they returned everything that you gave him and also retuend some money, then maximum you can claim is the mental trauma that you had to go through due to their deeds but what else? Were you actually cheated?

 

Only because there were certain transactions which you made in favor of the groom does not make him guilty. May be he had the true intention to marry you but those fights and misunderstandings made him run away!

 

As the case may be, the conclusion of my discussion is a question for you. After all what happened, why were you still desperate to marry such a guy who would fight with you on petty matters and demand such things which made you uncomfortable? In the modern age and times, no bride would so easily get swayed by unreasonable demands of the groom especially when they are so ridiculuous in nature. Additionally, yoy kept on agreeing to his demands evern after constant arguments, fights and his cruel (so called) acts.

 

This may seem a case of cheating to the District Judge with due regard to the Indian setup, but technically speaking, if we see the case from end-to-end, this is only a case of marriage going awry.

 

And last but not the least, he is not Ajmal Kasab who killed people ruthlessly, but they only called off the wedding. If you want to equate this act to that of a Terrorist then may god help people in your line-of-fire. Though this is unfortunate but this happens many times. And in your case it was the groom, but in many cases it is the bride's family who calls off the wedding and the groom if left in grief to suffer. And really you trust in my words, judges DO NO entertain such stories-sum-cases from groom's side.

 

My advice, move on. Life is too short to enjoy.

 

//peace

/Saurabh..V

Wonderful!! did not know anyone can demand dowry,harass mentally and s*xually,cancel the wedding and go scot free and the victim has to just move on in life .It is so easy to commit crime and get away in India.

 

Thanks people for the response. I do not need any more suggestions since its demotivating me.

@kalpana,

You are well-advised by Saurabh. If you are in grief,therefore,I believe,have right to be in anger. But Law has it's own course. I suggest to you to visit the below given website link. Hope,this helps you understand better the raised question by you "why".Read with open mind-

https://articles.timesofindia.indiatimes.com/2004-08-03/mumbai/27146903_1_cheating-mere-failure-promise

one more advice, you can ask some experts here(way better than others).They can guide you better.

best wishes.

@Author

 

I throughly understand your anguish and believe you me, I have true sympathy with you. And I would like to remind you that it is not Indian Laws or our country which made me make that first comment but it was the situation of the complainant which compelled me to make such remarks.

 

As you would have noticed, most of those who have responded to your query have given their advice as per their practical experience but my response was more of technical than only practical.

 

If you would have notice I did not mentioned anywhere that you do not have the right to be heard of file a complaint but I only tried to explain the severity of your case. I would like to tell you that every court in India is duty bound to institute every case which discloses any offence. As per your explanation and complaint certainly a case of fraudulent intention and deceit which is well known as Cheating is made out but that is not the end of it. It shall be followed by a trail. Bingo!

 

Now let me tell you that although I'm just a law student but I have myself visited courts in Delhi and seen many under trial cases in real. Every complainant is in highly elevated form of anger when the case is new. But with time, and repeated visits to courts and a snail pace trial leave the complainant more torn apart. And when it is a case like you which is already technically weak and may not stand a chance, would only leave you more disturbed. How would you feel if the accused walks scott free after 3yr - 4yr of trial? And did you ever gave it a thought how would your parents feel when they would be called to the court multiple times and the result would not NOTHING?

 

Please note my above comments are based on my practical experience and not a mere sarcasm.There is a bleak chance that he may get convicted which would fully depend on the weakness of his lawyer but not on the intelligence of your lawyer or the Public Prosecutor.

 

In place of being irritated or getting depressed, please think with open mind and just go through my comments again. I only tried to tell you what might actually happen during the trial. I did not wanted to demotivate you but tried to tell you what may happen and what are the chances.

 

You yourself informed in your query that the Investigating Officer is sitting on the case for past 4months. How did you felt? Irritated? How would you feel when the case would keep hanging in the court for no reason for 3yrs - 4yrs or may be even 6yrs? This is the reality of process of law in India. Take you call what you want to do.

 

You have a prima facie case made out that is why District Judge ordered investigation. But that does not convict the accused. That  only holds him responsible to submit himself to trial. What happens in trials, if you know, you would understand. All the best!

 

//peace

/Saurabh..V