Anonymous
Asked May 02, 2017

False case and threat by girlfriend

  • 1 Answer
  • 338 Views

I was with a girl from past 6 years and we promised each other for marriage but never ever had any physical relationship and she has filed a case against me in the police that I have taken the money and promised her for marriage but I don't want to marry her because my family doesn't want. I also don't want to marry that girl and she is giving me threats that she will suicide in front of police what can I do to solve this matter?

Answer 1

 

 

 

Dear Sir/madam,

We need to understand one thing that the law in these type of cases is inclined towards women in general. For, law takes a presumption that had it not been about the prestige of a woman, she would have never approached the court of law and settled it outside. Further, it comes down to presenting evidences in front of the court about the various facts alleged and satisfying the court. Looking at the facts asserted, one can say that there seems to have no proof (in girl’s favour) that could force you to marry her – in any manner. As far as the whole controversy behind establishing a relationship on the premise of a promise to marry is concerned, Hon’ble Supreme court has clearly stated the following :-

Mahadeo Prasad v. State of West Bengal[1] that offence of cheating is established when accused person induces the complainant to do something which he would otherwise never done.

However, a little heads up – on the complaints that might get levelled against you under the garb of section 415 and Section 405 of Indian Penal Code. Section 415 defines Cheating whereby a person deceives another into delivering him his money either on a pretence of fiduciary (based on trust) relationship etc. and section 405 defines Criminal breach of trust – resulting from the misadvantage taken by a person over the thing entrusted upon.

Also, it is not that easy as it sounds – filing a case before any court and continuing with the case. Person first submits a complaint before the police station, the police informs the accused about the same and then after some sort of deliberation, the police complaint gets converted to an F.I.R. Now this F.I.R. subsequently is presented before the court and a case is registered. And mind it, police complaint (generally) – in order to get registered should be in a written format and not always oral.

The fact of “Promise” in this particular case can go against you, if you have taken a wrong advantage of her trust in you. Let’s say, taken money from her on the pretext of marrying her etc. You need to be afraid from such threats only if you find yourself guilty of the same + feel that there are enough evidences against you. Winning or loosing in such cases is entirely dependent on how well you are able to prove the promises made by him to you in order to deceive you for things that happened, as part of evidence.

Try and solve it amicably, sitting together or with parents. Also, submit a written application with the concerned police station stating your version of the story and your objection to not to marry. So that if tomorrow the matter escalates to the court, you can recall and produce such intimation to the police station.

 

 

 

 

[1] AIR 1954 SC 724

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