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Sections : 354 B/D, 506, 509, IT 67A ; Currently on bail
25-Dec-2023 (In Cyber Crime Law)
Case : I was in touch with one of my school seniors and we talked more like people romantically involved. She is a married woman and her husband didn't know about this till a point of time. Our conversation started since Dec 2018 and things went well till 6-7 months and subsequently went worse. In the recent state of events, she filed an FIR against me on the sections mentioned in the subject accusing me of the following points :
a. Forcing her to be with me while she is happily married.
b. Threatening her to damage her integrity
She has taken her husband into confidence for the same.
An LOC was also filed along with the FIR.
Currently, I am on bail.
I have the following queries:
a. What can be the best possible solution in this state?
b. What are the possible talking points for arguments to initiate a compromise in this case?
c. I want to quash and close the case. What will be the ideal legal fees for the same?
d. What is the role of IO in this case?
Well, if you both are equally involved in communicating interacting, then u need to contest the case and you have to file a counter complaint her that she is harrassing you. And if you want to settle the things and she is ready for settlement, then you can approach to high court for quashing. IO role is to investigate the matter.
Helpful?
Adv. Anubha
Delhi | 100+ Answers
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To answer your query, first of all we need to see the FIR. Settlement in this case could be possible but first of all we need to take out some points so that girls feels there is is equal involvement from her side as well. Such like replies to your msgs n all.
Helpful?
The answers to your query are as follows:
1. The chances of your job prospects being hampered depend on the mode and depth of BGC the company does. If the the company does BGC to find whether any criminal investigation or complaint is pending against a prospective employee then it will surely hamper the job prospects. Additionally, some companies make a prospective employee sign on a declaration that no criminal case is pending against such a person. if one signs on it and it is later found that the prospective employee had lied, then the company will be free to initiate a lawsuit against such an employee.
2. You can surely file a reverse FIR against the complainant, but is success will depend upon how good a case you have against the complainant.
3. if an accused is in custody the police has to file it within 90 days. but if the accused is not in custody, the limitation does not apply.
4. the next step in the case should be that if the case filed against you is false and frivolous, you may consider getting it quashed by filing a petition under section 482 CrPC.
1. The chances of your job prospects being hampered depend on the mode and depth of BGC the company does. If the the company does BGC to find whether any criminal investigation or complaint is pending against a prospective employee then it will surely hamper the job prospects. Additionally, some companies make a prospective employee sign on a declaration that no criminal case is pending against such a person. if one signs on it and it is later found that the prospective employee had lied, then the company will be free to initiate a lawsuit against such an employee.
2. You can surely file a reverse FIR against the complainant, but is success will depend upon how good a case you have against the complainant.
3. if an accused is in custody the police has to file it within 90 days. but if the accused is not in custody, the limitation does not apply.
4. the next step in the case should be that if the case filed against you is false and frivolous, you may consider getting it quashed by filing a petition under section 482 CrPC.
Helpful?
Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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1. Yes it may hamper your chances in MNC. 2. Yes you can file reverse FIR. 3. Maximum time to file charge sheet is 90 days. 4. I would advise you to file quashing of FIR petition before the High Court.
Helpful?
Adv. Prasanna Mohan
Delhi | 25+ Answers
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Yes, it might hamper your chances in case they conduct a thorough background check. If you have substance you may file a complaint and follow up for FIR. Normally 90 days. You should consult a lawyer with expertise and discuss promptly
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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