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komal (finance)     24 February 2012

Please advise urgent!!

Hello,

My name is komal. My friend Nisha had a boyfriend for 5 years and left him. He messaged her to get back but she decided not to. After sometime, and taking people's advice, she put criminal cases against the boy that he raped her (398), forced abortion, 420, 503 and then left her. Now she is in love with another boy and is getting married this month, because she is scared that she might be asked to marry her previous boyfriend in court. What can she do now? SHe is worried that all the truth will be revealed against her that she was lying. I wanted to know what options does the guy have? Can he file a new case for extortion against my friend? What powers does the boy have now? I just want to be aware...please tell me what worst can happen to my friend..



Learning

 4 Replies

Shantilal Pandya ( Advocate)     24 February 2012

 the  boy has no  option  but to  fight out  case  filed  by your friend Nisha  only after  acquittal  he  can   take  action  only  if the  case  against him      was not bonafide   and   was out of  malice, but mere failure to  prove  does not necessarily mean that the  case  was  not  bonafide   and that it  was    filed out of malice 


(Guest)

I don't think Court is going to ask your friend to marry the boy accused of offence as you r going to marry with some other boy. Main object of law is to do justice and do welfare of women. So if your friend is now marrying someone else and other boy is acceptiing you then i think court will not as for marrying accused.

Secondly as stated by Mr. pandya that it is to be proved that case was filed with malice and not bonafide, then only action lies against your friend.

komal (finance)     25 February 2012

So if guy gets the stay of proceedings, can he file case against my friend?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

If it is a false case filed by Nisha, the boy can file cases against Nisha.

 

However, most of the time boy would be too glad to get away from criminal charges.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
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