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regarding my engagement, which I don’t wish to continue

(4 posts)
  • Started 6 years ago by sachin107
  • Latest reply from sc432114

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  1. sachin107
    Member

    hi , i wish to put my case and current situation in detail.plz advice

    Let me introduce myself, my name is Sachin. I work as an engineer in a company. I need your legal advice. Its regarding my engagement, which I don’t wish to continue.

    I met with a girl (shubhangi ) online on a matrimony site. We officially got engaged on (08-11-2011). But it turned out that our views and thoughts do not match. I was convinced from our telephonic communication that we would not be a compatible, comfortable and suitable couple. I decided to back off and told her about my decision. She was not happy with my decision. She developed the understanding that i am having an affair with my friend Smita with whom i have friendship form last five years.whenever i used to talk to her she keep accusing me of having affair with my friend. i was sick of her accusation, frustrated by her accusation so i started loosing faith in her. On 20th Jan she asked me through sms that "r u still in relationship with her".i replied "yes i am in relationship with her and i am going to marry her this month only".she replied "i was bit worried about my family,they r stable now,ok fine no issue, u marry her all the best".i took a sigh of relief but shockingly she use the reply sent by me as an evidence for breach of trust and registered FIR against me and all my family members. They charged me under IPC 406,420 and 34.

    in the FIR she said we got engaged on 8th Nov 2011, her father gave the amount of 2 lakhs to my father (which is an outright lie). It was decided that marriage should be arranged in may 2011. Later my mother told girl's mother that Sachin doesn't want to marry as he is in relationship with his friend and we were aware about this before engagement. She said that the same thing is confirmed by Sachin through sms. and hence he had broken the engagement and doesn't want to marry Shubhangi.

    current situation is - i and my family members are on bail and every Monday i need to go to station for attendance.

    As per advice of my advocate i have given the statement that we got engaged but girl called me up and said she is having an affair and hence i broke the engagement.

    my mother gave the statement that i told her that girl is having an affair and hence i don't want to marry her. My mother conveyed this to her mother.

    my friend Smita came to police station and gave the statement that Sachin & i are just friends.

    Now my advocate wants to remove the evidence (i.e. sms conversation) by influencing investigating officer.i want to know whether it is required or not - because in one sms she said that she has no issue and it is ok with her- which is a consent of her and it supports my side.

    Investigating officer has completed his investigation and in his report he said we are guilty of breach of trust and regarding money there is no such proof.

    Now my parents also want me marry to my friend (Smita).I want to know clearly whether we can get married or not while the case proceeds and ends. What could be the consequences if we get married before the case ends?

    what would be the consequence if complainants are able to prove the charge of breach of trust?

    what would be the consequence if complainants fail to prove the charge of breach of trust?

    what would be the consequence if complainant fail to prove the charge of money taken by my parents?

    what action i should take if they fail to prove above charges.

    Plz advice how should i proceed further.

    sincerely,

    Sachin.

    Posted 6 years ago #
  2. Dr.Dsouza
    Member

    so you sent SMS saying you had relation with smitha ?
    reach Criminal breach of trust here http://mynation.net/ipc31.htm

    Posted 6 years ago #
  3. sachin107
    Member

    sir, I am looking for answer to following questions
    • Please confirm whether backing off from an engagement is an criminal act/offense or what?
    • Please confirm whether backing off from an engagement after accepting money (which is false) is an criminal act or not?
    • Can I marry my friend who is been accused for breaking my engagement by maintaining an affair with me. Do consider my statement in which I said we are just friends and my friend has also given the same statement.In the FIR lodged by them which they have registered against my friend's name as well.
    • In case there is no bar for marriage then what should be my answer to prosecution question about affair with my friend? It will become relatively easy for them to prove in the court that there was already an affair and hence I broke the engagement; if my answer is not suitable.
    • How long case will take considering that charge sheet will be submitted by 20 th march?
    • What if we loose the case?
    • Can we marry before the case ends, say within 6- 7 months?
    • Will loosing the case (in case) affect my job?
    shall i file petion to quash fir

    Posted 6 years ago #
  4. sc432114
    Member

    I met with a girl (shubhangi ) online on a matrimony site. We officially got engaged on (08-11-2011). in the FIR she said we got engaged on 8th Nov 2011, her father gave the amount of 2 lakhs to my father (which is an outright lie). It was decided that marriage should be arranged in may 2011.

    How is this date possible? Nov 8, 2011!

    Posted 6 years ago #

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