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santhosh (NA)     16 December 2014

False case of 354(d),506 and 509 against my brother.

I have a brother of age 21, who has been in MUTUAL LOVE with a girl over the last 3 years. Everybody in our locality knew this (except her father till the last 1 month).The girl family is residing beside our home for the last 20 years.
Before one month the girl’s father came to know this and filed a police case against my brother (of s*xual harassment, criminal intimidation etc.) .Unfortunately the Girl was completely Brain washed and she’s said that she doesn't even know who my brother is , never met or talked with him. She even went with her father to file a case. We settled the issue on the same day with few well-wishers of both families and local political leaders. We came to an agreement (on white paper) that they should not disturb our privacy and we will not disturb them. The case was not even filed at that time and it was closed outside the police station. There was an agreement signed (on white paper) by my dad, brother, the girl and his father that we will leave the issue there it self and not interfere in each other’s matters in future. My parents, I and our family counselled my brother and he agreed to stay away from girl and all these things. He completely left everything and started to mind his own business. (Actually he completely got fed up with the girl’s character and he left her thoughts).

15 days after this incident, the girl got a marriage proposal and it was cancelled when the other party came to know all these issues which are happened. We are completely unaware of who told them and how the proposal got disturbed. We are no way related to this incident. 

Suddenly, the next day, his father went to the police station again with his daughter and filed a case against my brother under the sections 506 (criminal intimidation), 509(modesty of woman) and 354d (stalking a woman)

we have got few letters which girl wrote to my brother, we have call lists with us (of hours conversation between  girl and my brother), few gifts which they exchanged etc. but they are least bothered at-least to check what they are. 
The police are not even bothered to hear our version on what happened.
Now we have got a bail and the case has been referred to the court. As per the latest information I have got, they have sent the charge sheet to the court. 
So, 

1. When I asked about this to the local lawyers and all , they say only one thing, no police will listen what the boys says in such cases, the police have the complete authority to book the case in such circumstances without even verifying the facts. IS THIS TRUE ? 
2. The girl’s father completely maligned our reputation in every possible way, even though we are innocent. He is still maligning us with all the false propaganda. Do we have to sit quiet and accept what he says? WHAT IS THE BIGGEST PUNISHMENT WE CAN GIVE HIM -- LEGALLY (any cases that we can file, how can we get the justice and let all the people know that his daughter is the actual culprit). If we can file any cases against him (defamation, for registering false FIR, etc.), when is the right time to do that? 
3. How should we use the proofs that we have got for their relationship.  
4. He is still searching for all the available options to defame us does he still have any options to again go to the police station and file any further cases on us ? My parents are really tensed thinking that what happens if he again go to the police station and files any other false case on us? IS THAT POSSIBLE? 
Will the police at least hear what our version is if he files a second case against us? 
5. What should we do now, which can prove our innocence and his guilt?  How should we act in the future in regards with the case filed?  What are the  DO's and DON'Ts  for us? 
6. What will be the impact of this CASE on my brother’s future?
7. At what point of the time, will the case can be taken back by them, can this be settled out of court?  

Regards, 
Kumar.


Learning

 7 Replies

Jai Karan Nagwan (consultant)     16 December 2014

No option except to defend yourself.

harassed by 498a (Engineer)     16 December 2014

Go through the chargesheet well, If it is false case there should be contradictions identify those and apply for discharge under crpc 239, if it goes through trial you can use all the proofs you have and get acquitted.

Tell your brother to move ahead in life as this would at the max trouble you for coming to court every date and you will loose money for lawyers.

Dont worry too much as in india men are bound to suffer if they like any girl even as a normal friend, because we see on TV that women are the sufferers, actually its paid broadcasting, but in real life men are actually suffering but no one including men will give a thought to it unless it comes onto them

Jimmy Fernandes (Advocate)     17 December 2014

If you have enough document to show your innocence then you can file a case of quashing of FIR in High Court

santhosh (NA)     17 December 2014

can we get a copy of chargesheet and fir as per the process ? or only the complainant can get them ? 

harassed by 498a (Engineer)     18 December 2014

It is your right to get them, you should get them free of cost on the first appeareance date when the court send you summons or else you can ask your lawyer or the clerk in court.

T. Kalaiselvan, Advocate (Advocate)     24 December 2014

To your questions:

1)Yes,

2) First you challenge the case properly  before the trial court with the help of the evidences in your possession, get acquitted and then think of contemplating legal actions against him as desired/proposed.

3)You advocate will let you know about it during trial of the case.

4)Depends on the circumstances and the nature of fresh complaint and reason thereon.

5), 6) & 7):  It will be too early to give any opinion on this, let the case come to curt, it can be decided based on the then prevailing circumstances.

Before that it is important to obtain AB and then face the challenge ahead.

BHUWAN RAJ 09839268489 (lawyer)     28 December 2014

Dear

Challenge the entire proceedings in the concerned high court by filing a quashing petition under section 482 Cr.P.C., it is a good case for quashing. u will surely get relief from the high court.

In such high court stays the entire prosecution.

U can mail be the fir and the chargesheet filed by the police to further give u an opinion on the case.

 

Thanks & Regards

Bhuwan Raj, Adv.

Cell: 09839268489


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