3rd case :(
Harsha Harsha
(Querist) 14 December 2018
This query is : Resolved
I am an LLB grad ( no practice, But working as legal advisor in a local firm), orphan, Living alone in my own house, good looking , wealthy, earning handful , divorced ( 6 years ago) , standalone and independent lady.
1. In my divorce proceedings I was heartbroken as it was school days love turned marriage. Yet to go with fate, I faced all legal proceedings.
2. Relatives looked for remarriage and the guy physically misused me and cheated and dropped the marriage. Hence out of frustaton i made an FIR on cheating, breach of trust (4 years ago) through 156(3) and the court proceedings are ongoing.
3. Now my colleague knowing all my above background approached me for marriage and we lived together for 6 months in my own house.I had spent a lot for him. He never used his money. And Misused me several times and later left me and went.
Q1. Since my no.2 FIR is already in progress with court proceedings, can I file another complaint in this 3rd guy? Will court accept it ?
Q2. SInce he is aware of my ongoing court proceedings, if he gets a chance in counter, he may state that. So proactively I am planning to mention about my previous cases (divorce , FIR ongoing one) in my new complaint to court. That is fine or will create any blockers for me to proceed with legal proceedings?
I have no plans to visit police station, I am fed up of my previous 2 unfruitful experiences with them. SO directly wanted to go to court with private complaint, so he can receive summon.
Q3. On what basis I have to file the complaint. I am confused if I again the same cheating, breach of trust? One extra here is he looted many money from me. But I am confused on what basis I should initiate the complaint
Totally frustated I am. He knows my entire background. Yet played with my feelings and spoiled my life again.I want to take him to court for my justice. Hon'ble seniors kindly suggest me.
Guest
(Expert) 14 December 2018
You are an Advocate though not in practice. You are a qualified person to defend others but you had left your self down. Basic knowledge of psychology would be mandatory for any advocate while analysing the cases. Any how what ever happened had happened. If required consult an psychiatrist for your counselling. Forget all the past . Never get in to such unworthy contacts here after. Be strong in mind and heart. Start a fresh life and be with caution atleast in future. Let this New year be Pleasant and Bliisful to you..
BAALASUBRAMANNYAMM
(Expert) 14 December 2018
On which capacity, the 2nd guy lived with you for six months. Was it a valid relationship or not. I think you are totally failed to select a good life partner in your life. You being an educated lady, you are not supposed to select such a type of life partner/s, even at 2nd time, as you were already faced problems with first one. You have to choose a dead end solutions for your litigation/complaints and lead a beautiful life. Even till now, you have a right to fight with the litigation/s, if your conscious permits.
Harsha Harsha
(Querist) 14 December 2018
mm agreed sir.
Time and solution made me as a victim like that.
I want to take legal actions on this 3rd guy. Pls lemme know in which category does that fall.
Amit Shukla
(Expert) 14 December 2018
Go and file the private complaint before the court u/s 190(1)(a). Willful and intentional misuse of body and assets are punishable.
Kumar Doab
(Expert) 14 December 2018
You have legal qualification/knowledge and hands on experience in personal matters. You can also benfit from above.
Generically speaking; A citizen can agitate everytime citizen is looted, cheated, deceived, defamed, subjected to misconception to obtain consent,… by same or different persons.
Rest your own counsel(s)/LOCAL seniors specializing in e.g; Family/Criminal matters can guide and help after examining all docs/inputs.
Kumar Doab
(Expert) 14 December 2018
In the meantime you may go thru the responses I all threads initiated by you and may also go thru;
Madras High Court
CORAM
THE HONOURABLE Mr. JUSTICE M. VENUGOPAL
Crl.R.C.(MD) No.67 of 2013
&
M.P.No.4 of 2013
Kanthasamy vs State By Sub Inspector Of Police on 30 January, 2014
Delhi District Court
State vs Deepak Dogra. -:: Page 1 Of 55 ::- on 11 February, 2013
Author: Ms. Nivedita Sharma
-:: 1 ::-
IN THE COURT OF MS. NIVEDITA ANIL SHARMA,
ADDITIONAL SESSIONS JUDGE
(SPECIAL FAST TRACK COURT)-01,
WEST, TIS HAZARI COURTS, DELHI
Sessions Case Number : 57 of 2013.
Unique Case ID Number : 02401R0559232010.
State
versus
Mr.Deepak Dogra son of Mr. Amar Singh,
Resident of H.No. 45, Gali No.3,
Veer Bazar Road, Gaurav Nagar,
Mubarakpur, Delhi.
First Information Report Number : 295/10
Police Station Punjabi Bagh,
Under sections 376, 496, 420 of the Indian Penal Code.
Date of filing of the charge sheet before : 02.12.2010
the Court of the Metropolitan Magistrate
Date of receipt of file after committal : 17.01.2011.
in the Sessions Court
Date of transfer of the file to this Court : 16.01.2013.
{ASJ (SFTC)-01, West, THC, Delhi}.
Arguments concluded on : 11.02.2013.
Date of judgment : 11.02.2013.
Appearances: Mr.Anil Kumar, Additional Public Prosecutor for the
State.
Accused on bail with counsel, Mr.Rahul Nagpal.
Kumar Doab
(Expert) 14 December 2018
Patna High Court
Saleha Khatoon vs State Of Bihar And Ors. on 28 April, 1988
Equivalent citations: 1988 (36) BLJR 678
Author: L Shahdeo
Bench: L Shahadeo
Calcutta High Court
Jayanti Rani Panda vs State Of West Bengal And Anr. on 16 June, 1983
Equivalent citations: 1984 CriLJ 1535
Author: B Chakrabarti
Bench: B Chakrabarti, J Chaudhuri
JUDGMENT B.C. Chakrabarti, J.
Breach of promise BUT not a false promise
Calcutta High Court
Abhoy Pradhan vs State Of West Bengal on 25 March, 1999
Equivalent citations: 1999 CriLJ 3534
Author: S B Roy
Bench: S B Roy, R K Mazumder
JUDGMENT Sujit Barman Roy, J.
Kumar Doab
(Expert) 14 December 2018
Then;
Supreme Court of Inida;
Supreme Court of India
Uday vs State Of Karnataka on 19 February, 2003
Author: B Singh
Bench: N. Santosh Hegde, B.P. Singh
CASE NO.:
Appeal (crl.) 336 of 1996
PETITIONER:
Uday
RESPONDENT:
State of Karnataka
DATE OF JUDGMENT: 19/02/2003
BENCH:
N. SANTOSH HEGDE & B.P. SINGH
JUDGMENT:
J U D G M E N T B.P. Singh, J.
The Sessions Judge accepting the evidence of the prosecutrix concluded that though she had consented to have sexual intercourse with the appellant, that consent was not consent within the meaning of Section 375 Secondly IPC having regard to Section 90. According to him the consent was obtained by making a false promise of marriage and, therefore, it was a consent obtained by fraud and mis-representation. He, therefore, held that in the facts and circumstances of the case, the appellant had sexual intercourse with the prosecutrix without her consent and was, therefore, guilty of the offence of rape punishable under Section 376 of the Indian Penal Code.
Submission of her body under the influence of fear or terror is not consent. There is a difference between consent and submission. Every consent involves a submission but the converse does now follow and a mere act of submission does not involve consent. Consent of the girl in order to relieve an act, of a criminal character like rape, must be an act of reason, accompanied with deliberation, after the mind has weighed as in a balance, the good and evil on each side, with the existing capacity and power to withdraw the assent according to one's will or pleasure."
Keeping in view the approach that the Court must adopt in such cases, we shall now proceed to consider the evidence on record. In the instant case, the prosecutrix was a grown up girl studying in a college. She was deeply in love with the appellant. She was however aware of the fact that since they belonged to different castes, marriage was not possible. In any event the proposal for their marriage was bound to be seriously opposed by their family members. She admits having told so to the appellant when he proposed to her the first time. She had sufficient intelligence to understand the significance and moral quality of the act she was consenting to. That is why she kept it a secret as long as she could. Despite this, she did not resist the overtures of the appellant, and in fact succumbed to it. She thus freely exercised a choice between resistance and assent. She must have known the consequences of the act, particularly when she was conscious of the fact that their marriage may not take place at all on account of caste considerations. All these circumstances lead us to the conclusion that she freely, voluntarily, and consciously consented to having sexual intercourse with the appellant, and her consent was not in consequence of any misconception of fact.
As stated by the prosecutrix the appellant also made such a promise on more than one occasion. In such circumstances the promise loses all significance, particularly when they are over come with emotions and passion and find themselves in situations and circumstances where they, in a weak moment, succumb to the temptation of having sexual relationship. This is what appears to have happened in this case as well, and the prosecutrix willingly consented to having sexual intercourse with the appellant with whom she was deeply in love, not because he promised to marry her, but because she also desired it. In these circumstances it would be very difficult to impute to the appellant knowledge that the prosecutrix had consented in consequence of a misconception of fact arising from his promise. In any event, it was not possible for the appellant to know what was in the mind of the prosecutrix when she consented, because there were more reasons than one for her to consent.
Kumar Doab
(Expert) 14 December 2018
And ;
Delhi High Court
Rohit Tiwari vs State on 24 May, 2016
Author: Sunita Gupta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 24th May, 2016
+ CRL.A. 928/2015
ROHIT TIWARI ..... Appellant
Through Mr.Manoj Ohri, Sr.Advocate
with Mr.Kaushal Yadav &
Mr.Prashant Kumar, Advocates
versus
STATE ..... Respondent
Through Ms.Neelam Sharma, APP for
the State.
%
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
sachin sharma
(Expert) 14 December 2018
There are chances that u r going to implicate yourself as well as your already filed cases. It shows that u r consistently repeating your past conduct and then in order to extort money or fulfill your false expectations u r implicating guys in legal battle. I m not saying whatever u r saying is false, it is possible that you were the easy victim of such people because u were alone and these guys took benefit of your weak position. However, being a defence lawyer, it is my advise to move on and start a new life afresh.
Dr J C Vashista
(Expert) 15 December 2018
Unbelievable statement of a lawyer, who is supposed to be analytical.
However, nothing can be ruled out as cheaters are more intelligent and crook than the person being cheated like Anuradha alias Fiza (Attorney General- Punjab) was victimised by Chander Mohan alias Chand Mohammad (Deputy Chief Minister Haryana),
Move another complaint u/s 156(3) Cr PC.
