False rape accusation

You will have to check whether FIR is filed or not... Then you will have file application for anticipatory bail. If you don't do so and FIR is filed for rape allegations, you will be arrested...you need to be proactive ..consult a good criminal lawyer

Why would she give legal notice accusing U of raping her,she would rather file a police complaint. Why will the Commissioner of Police call U regarding FIR? Still something missing in UR query, U are not comming out with the correct facts. 

Seems many things suppressed here. You are presenting your story only, but the facts? Anyway if fir is filed, go for ab, however in this scenareo, it would be also difficult to get ab proactively.

Her point is that I promised to marry her and she is ready to convert and all and still why I am not marrying her? I am not marrying her because I do not trust her. I have proofs that she lies to me and is still talking to her ex. Since its a long distance relationship, I cannot keep check on her. 

What actually happened was I started telling her since 1 year that we cannot get married because of different religions to which she was furious that why dint I thought of this at first but my explanation was that I did not trust her enough to fight for her with my parents. My parents would disown me If I would do such a thing. but I would have done it but I realised she is not worth it. The reason I stopped talking to her was she threatened to create problems to my sister and her kids who does not even know my ex.

This motivated me to leave her. 

 I believe Call from commissioner was fake as these kinds of lies she has said in the past as well to make me talk to her or meet her like "I am hospitalised, come and meet me" while it all was a lie.

She is upset because she thinks I betrayed her and I believe I cannot marry such a person who has been threatening me for almost a year that if I dont talk to her, she will do this and that. There have been so many breakups between us but I have decided to never talk to her ever now.

I am unemployed for more than 2 years now and on 11-12 April I had my SSC-CGL exam for which I had been studying for 1 year but even after knowing this she tried to mess up with my brains by calling me from commissioners number....I believe it was fake to make me scared of I dont know what...but it worked as I was unable to concentrate in my studies and my exam was ruined.

I never raped her. I was worried if police will come and arrest me and what will happen to my family's image in my city. I knew I have enough proofs to prove I am innocent but still i dint want to defamed like that in society.

She is stubborn and has huge retaliation syndrome.

Family image, family reputation doesn't get involved as long as the physical relationship continued.Communities were also forgotten when U had relationship with her.Now U are only trying to defend UR self fearing cases to be filed by her.Right through U have been trying to project her as untrusty and unworthy. This makes me feel that all the allegations made against the girl are nothing but concocted, just fearing some day police will grab U away. I cannot give U any kind of legal opinion right now after hearing only UR version .

This is going to be a false rape case. Go find a criminal lawyer from your community and keep a check on if any case is filed or not. If filed, try to get the anticipatory bail.

 

Thats the state of men in india. You cannot stop a girl from filing a false case. So get hold of the past evidence if any and try to get an AB in the event of a rape case filed.

how to find out if the rape case is actually filed? 

Please also tell how can I file for anticipatory bail? what is the procedure?

 

thanks

I would suggest you to talk to that girl and settle the matter. Because once the fir is filed or the matter reaches court you will be in deep trouble.The punishment plus the expenses. Also it seems you are hiding the real reason of not talking to her. If it was just the trust issue then why were you with her for so long(2 years)? These questions would come upto you if this matter reaches court. Also i dont think the girl is cheating on you. Because if she was, then she would not take such a step as it would lead to her harrassment as well. No girl or boy would go to police or a lawyer if he/she was cheating. And if the girl has all the proofs in the form of any video or audio clips, photographs then it would land you in trouble. I think you are telling an incomplete story. This is my and my dad's(criminal lawyer at Delhi high court) honest opinion. 

Dear querist I stick to the reply I have given 2 days ago.Still U are giving only UR version to defend Ur self  and trying to prove innocent.U said U don't trust her now, but the word trust had no bearing when U started the  relationship. I strongly feel that the situation is beyond UR control and hence u are stressing in Anticipatory bail all the while.

I agree with Mr. Sainath Devalla

Why do members think the author is hiding something? Have u guys even been in a modern-day relationship? This is the era where mobile phones and internet-communication r the cause of a lot of broken relationships/marriages. His partner was consistently lying to him in order to hide her social life with other men. She does not seem like marriage-material to me. I think he made the right move by leaving her.

 

Brother Begood, be prepared to spend a few months in jail as there is a chance that bail may not be granted within the first few months. U may get bail sooner but be prepared. She will try her best to keep u inside for a few months.  

 

According to the Supreme Court, in order to convict u, they need to prove that at the beginning of the relationship, u obtained consent to s*x by knowingly making a promise of marriage in bad faith. The Supreme Court has made it clear that if circumstances arise in the relationship which could not have been foreseen, an accused cannot be held guilty of rape if he were to break his marriage promise due to changed circumstances.

Read the judgment below and use it in ur case:

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=40427

Hire a prudent lawyer practicing in criminal court and file a petition u/s.503 IPC  in the local Magistrate's Court immediately as a protective measure to prevent ill intent of your girl friend.

First of all do not ignore the call by police because it may be a fact that she has lodged a complaint against you under rape and cheating offences.  The police in the name of inquiry, will act against you by remanding you so it is better to file a petition for anticipatory bail in the Mumbai High court quoting the phone call as the reason, if there exists a FIR in real, you may get AB and if not, you do not have to worry about such calls.   Next, if you receive a legal notice from her lawyer, you give a reply notice denying all the allegations and put her to strict proof of the same, let she go ahead with the case after that which can be challenged accordingly.  Do not delete the important messages that will prove her adulterous life. Take the help of a local lawyer to proceed in the event of critical situation.