False fir of rape and cheating
Apoorva Dwivedi
(Querist) 15 December 2018
This query is : Resolved
I was in relationship with a girl from August 12, 2018 to October 18, 2018. I used to visit her flat in
absence of her mother. Her father is no more. However, her younger sister was always present when I
visited her flat. On September 23, 2018 , her mother caught me with her in her flat. Since then, she was
pressurizing for marriage. On October 16, 2018, the girl's family vacated the flat. The girl chose to shift
with me in my house. She came with her clothes and other necessary items. On October 18, 2018, I left
to my hometown for celebrating dusshera. The girl went to her mother's place and I went to my home. On
October 20, 2018, the girl came to my home in hometown with her mother and younger sister. They gave
a proposal for marriage but it was refused by my parents. To this, they screamed, shouted and abused
and entire neighbourhood accumulated. The girl started shouting "RAPE, RAPE".
On October 23, 2018, they came to my house where the girl had shifted with me. They started shouting
"theft, theft" and called 100 number. On going to police station, they didnot lodge FIR of theft and instead
shouted "RAPE". However, police asked them to leave and they left. On November 10, 2018, they lodged
an FIR of rape (section 376) and cheating (section 420). I am in government job. I have been suspended.
After FIR, nothing came out in medical. They are using social media and posting videos by naming me ,
my family members. They came to my office and did dharna. They also did dharna in front of SSP office.
All kinds of pressure tactics are being used so that I marry her. On December 07, 2018, they evicted my
house and took their belongings in presence of police. They also gave in writing that they have received
their entire belongings. Also, I have got arrest stay.
- What are my legal options in this case?
- What can I do with respect to my job?
Vijay Raj Mahajan
(Expert) 15 December 2018
Fight out the criminal case, get acquitted of all charges made against you. With the order of the court get back to your job and forget her.
Sudhir Kumar, Advocate
(Expert) 16 December 2018
As far as your job is concerned please note.
(i) Department is not bound to wait for completion of criminal case and can initiate disciplinary action and can have you out of service after departmental inquiry. Tjis can happen :-
a. irrespective of the outcome of court case.
b. even if you are acquitted on technical grounds or compromised.
SOME IGNORANT PEOPLE (including lawyer not aware of service law not taught in LLB) WILL ADVISE YOU THAT THIS CANNOT HAPPEN.
(ii) AS long as this criminal case/ departmental inquiry is pending or suspension is continuing you cannot expect on earth
a. any promotion
b. completion of probation
c. applying for other jobs.
d. permission to visit abroad or get passport.
e. acceptance or resignation or voluntary retirement
f. terminal dues if retired in this situation.
You very well know how long criminal cases take and you should also know that there is no guarantee of getting this job back even if acquitted.
(iii) You are also liable for disciplinary action if you yourself has not reported to the department in writing that you are arrested/release on bail.
(iv) a govt servant is bound to maintain good moral conduct even in private life. So if there is evidence of live-in relationship (with or without complaint of the woman) the nothing stops the department from treating it a s professional misconduct and proceed with departmental inquiry. Deptt is not bound to honour pardon of the woman.
(v) In departmental proceeding 100% evidence is not needed and one can be punished on circumstantial evidence.
(vii) any departmental proceeding can be initiated any time during service and can result in any punishment from "censure" to "dismissal without disqualification for future employment in govt sector"
चाहे मानना / जानना चाहो या न -- आप घिर चुके हो
Sudhir Kumar, Advocate
(Expert) 16 December 2018
Now as far as criminal case is concerned :-
(1) You have sown misery very deep. She has a witness that she was living with you.
(2) All she has to allege that you promised marriage and she lived with you an rape allegation is completed.
(3) she becomes entitled to maintenance even on termination of live in relationship.
(4) she has a sound evidence (atleast appearing from your description that she lived in)
(5) given facts also indicate that you had tortured the family very wel and they were forced to come to your office and stage a dharna. Thereby they have gatherd a lot of witnesses.
Sudhir Kumar, Advocate
(Expert) 16 December 2018
Anyone having slightest sympathy with you is bound to disclose you the likely consequences of your path.
Now as far as your parents are concerned. Please not even if it hurts you :-
(1) You have not stated any cogent reasons (so far read) as to whey they are not accepting marriage.
(2) Your description gives impression that you have already spoiled life of the girl and now not willing for marriage and your parents encouraging (or compelling to do so).
(3) Since there is no legally tenable (atleast appearing from given facts) reason for refusal of marriage all she has to allege that the marriage is being refused due to non-fulfillment of dowry demand of your you and your aprents supported by other siblings and thei spouses. Someone may advise her so. On this forum itself some persons will advise you to that nothing will happen because of (X, Y, Z......... provisions) but cold facts is that :-
a. your parents may even be in jail.
b. such allegation against govt servant is also a professional misconduct and liable for disciplinary action (consequences already explained above) without waiting for court orders.
c. In case of allegation of downy demand nothing stops department form taking action even without registration of FIR.
Sudhir Kumar, Advocate
(Expert) 16 December 2018
You may or may not thank me for these views. No propblem
You may be hurt or annoyed no problem.
But the option available with you is only one
FIND PEACE. GET MARRIED TO HER. THEN SHE AND HER MOTHER ARE BOUND TO BESTOW BOUNDLESS MERCY ON YOU. THEY MAY EVEN APPROACH DEPARTMENT FOR PARDON OR EVEN DEPOSE IN YOU DEPARTMENTAL.
You do not need to spend substantial abd best part of your life and money to feed lawyers.
Apoorva Dwivedi
(Querist) 16 December 2018
What kind of stupidity is this!! A lawyer is supposed to fight and not become mediator and give non-sensical advice of reconciliation full of presumptions and prejudices
Sudhir Kumar, Advocate
(Expert) 16 December 2018
You have been told of the consequence. None will do so unless ignorant or intending see you experiment your life and suffer.
It is you who is vulnerable not she.
Truth hurts. But remains you are free to call it "stupidity" "Non-sensical advise" and so on.
It is your life you are free to spoil it and keep earning for lawyers.
Even for feeding lawyers you need to have a good steady income for which you have to protect your govt job and you have been told best how to protect it.
