False case registration by st married woman
suneetha Jain
(Querist) 30 January 2020
This query is : Resolved
Sir, My relative (Cousin) (Caste OC) is living independently in Rajahmundry by doing Catering Business. One of his employees (Caste: ST Woman who is already married) has some closeness to him before 5 years. Later, after one year, some disputes arose between them, she filed a case against him and later settled outside. Subsequently, both are separated and he started having live in relation with another girl (Caste: ST Girl only not married)
Now, recently she filed a complaint at Police Station citing that my Brother has taken Rs 35000/- from her and didnot return the money. Further, My Brother rejected her to marry citing the reason that she is ST. (Both complaints are false and she is a married woman having a living husband)
Please advise us what to do.
Advocate Suneel Moudgil
(Expert) 30 January 2020
1. he can defend the case mentioning the earlier complaint which was settled between them,
2. at worse, its a matter of money, therefore, no criminal liability
SHIRISH PAWAR, 7738990900
(Expert) 30 January 2020
Dear querist,
Try to amicably settle the disputes otherwise you will have to fight out the case.
Regards,
Sourav Das
(Expert) 30 January 2020
move before high court under sec 482 of CrPC for quashing of FIR and all the criminal proceedings against your brother
Raj Kumar Makkad
(Expert) 30 January 2020
Police cannot lodge FIR for civil matter of taking the money and then refusing to repay. Similarly refusal for marriage is also a civil issue and no law of land is broken on that ground even if the girl belongs to a particular caste especially when she is already married and wants to re-marry without having valid divorce from her husband.
You have also mentioned that lady has made just a complaint but have not mentioned what action police has taken against your cousin. I have clearly mentioned that the contents of the complaint do not constitute any offence and even if police lodges FIR, better to get the same quashed through high court as per advice of Sourav.
Dr J C Vashista
(Expert) 01 February 2020
Incomplete facts has been posted.
However, as presumed by experts, I concur their opinion and advise.
Consult a local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding.
suneetha Jain
(Querist) 04 February 2020
Thank you Suneel Sir, Pawar Sir, Sourav Sir, Raj Kumar Sir, Vasishta Sir for your valuable suggestions
