Defamation
Querist :
Anonymous
(Querist) 03 October 2010
This query is : Resolved
Hi All,
I am new to the group. As on date I have joined the group for discussion for advice on the case as summrised.
I hope my discussion topic does not fall out of the perview of this forum .Further, Please let me know your expert comments on the same;
A girl in live in relation seeks her parents approval. Both of them Manhandled. Specialy boy.
20 Days later, the girl is forced to / willingly moves out of relation from the house where she resides with her partner along with her & some of his partner's belongings.She does not comes in contact for 5 months. When stretched by boy one sudden day he finds crime branch people in his house. He finds that there is complaint lodged against him in police station & with crime branch, with all allegations some of them to the extent of abduction, torture & even attempt to rape.
As the case is in its true shape , boy comes clean out of investigations with a strong back up of evidences & witnesses along with the fact that the girl is virgin.
No FIR is registered. Boy still tries to approach girl, as she is still out of scene. The efforts work out after a complaint is lodged by Boy's Parents. But the second party plans another trick and brings power & might together to sign an outside court settlement. This time the girl is present with statements as per her parents willingness.
With the tide, boy settles with the complaint copies & a compromise copy. The case started in month of Feb. The complaint lodged in the month of July. Settlement on 19th September.
The case has more interesting details but on prime-facia,
1. What are the rights of boy for his safety in future from legal angle.
2. Can boy file a case of either or all of ; defamation , financial losses , harassment.& theft (For his items like Hard drive & Mobile)
If the case is not applicable here, please let me know if some can show me the way to justice. A quick response is solicited.
Regards'
Devajyoti Barman
(Expert) 03 October 2010
The copromise petition is the key as once the settlement is arrived at between two parties both of them have to withdraw the respective allegations with undertaking not to initiate anyhting out of it.
So I do not think the retaliatory measures are available to the 'boy' anymore unless new cause of action arises.
Querist :
Anonymous
(Querist) 03 October 2010
The "Boy" myself, had no cause as suggested by others there as he did not even had the complaint copy with him. Further, the settlement has more emphasis that we had a live in relatin but we are free to marry at our own will. and that the complaint is being taken back by both the parties.
It was a very forced compromise becoz I was alone with my father as 10 high profile people along with a advocate of supreme court on their end. The allegations & settlement are very contradictory.
Any ways... what could be the new cause of action particularly with a need to get a safer future from such girl or their family member.
Is there no way to challenge the settlement & proceed with the suit.
I am sorry if I have bothered you.
