Not at all. Even if there is a FIR now, the same will be highly belated. In any case, if there a FIR lodged, your friend will have the option to approach the High Court by way of challenging the same; and he in the process seek a stay from arrest as an interim relief.

1. I don't think the lady would file such case unless she had any past enmity with your friend and he indeed outraged her modesty.

2. Do not loose sleep merely on the empty threat.

3. No person without any basis levels such wild allegations.

4. In this circumstances I do not find any reason for worry.

Relax

Your friend need not worry

2) he had in response to girl verbal abuses merely made a statement that she had used him for her own benefit

3) in the event girl files a police complaint deny having used said words

Over one month has elapsed since date of incident

Apologise to the girl

Since girl has not filed police complaint she would not want to make an issue

Dear Concerned,

The laws being Pro woman - the girl can allege what ever she wishes to however this does not seems to be a case here as there seems nothing that the matter will go to police.

What ever she alleges she will have to prove to the court - hence doesn't look your friend need to be worry about anything.

Mere words that 'she has utilised him' will not tantamount for any offence under the meaning of outraging the modesty.

There is no case made out if there is no mention about anything other than this even if she is attempting to lodge a complaint against him.

The altercation that took place between them in the office premises may be mentioned in his statement in the event the police is investigating the complaint, mentioning that they were mere exchange of words or dialogues between them without intention to hurt or inflict any mental tortures.

This would take care of other issues.

There has been no FIR and a period of 1 month has lapsed. Does my friend have a reason to worry ?

Until there is no confirmation about the closure of this complaint, your friend cannot take it for granted.

However ask him to keep a watch on the girl's movements that if she is trying to escalate the matter due to non-cooperation of police on this issue.

1. intention to commit criminal force is necessary for the offence of outrage of modesty.

2. this intention is lacking in your case because all were said in heated exchange of words.

3. no such offence is being made out in your case.

1. If your friend has told exactly what you have narrated, then no case of outraging the modesty of her arises inthe instant case.

2. The said girl's verbal attack on your friend is immaterial in this case.

1. Till she lodges any police complaint against your friend, he has no reason to worry.

2. If she lodges any such complaint, the police will investigate in to the matter and if any evidence is found will register FIR against the said complaint.

3. If FIR is lodged against your friend, he shall have to take anticipatory bail from the Court and then contest the case fittingly.

In such cases the complaints are expected to be lodged immediately after the reported incident. It should be at least within a resolvable two or three days.

As you rightly observed that the police will get lot of doubts on the complaint if it is reported with inordinate delay and without any valid reason for lodging the complaint belatedly and of course the delay in making the complaint may turn fatal to the complainant's case.

However with the given corrupt system or machinery, the police may twist anything against the accused for the sake of consideration received, so there is no use in relying on the laws alone, you got to be vigil about the developments.

if any offence has been committed FIR should be lodged immediately

delay in lodging FIR does weaken your case

3) Mere delay in institution of an FIR may not prove fatal to the case of the prosecution if there is some kind of reasonable explanation in registration of FIR after such an inordinate delay.

4) In the case of Apren Joseph alias Current Kunjukunju & Ors. v. The State of Kerala, AIR 1973 SC 1, the Supreme Court stated the principle that it is always better that the FIR is recorded before there is time and opportunity to embellish or before the informant' s memory fades. Undue or unreasonable delay in lodging the FIR therefore inevitably gives rise to suspicion which puts the court on guard to look for the possible motive and the explanation for the delay and consider its effect on the trustworthiness or otherwise of the prosecution version. Effect of delay in lodging the FIR would always depend on the facts and circumstance of a given case.

1. There is no such rule setting time limit for registering FIR against a complaint lodged.

2. First complaint shall have to be lodged based on which primary investigation investigation will be conducted by the police and if any prima facie evidence is found, the police may decide to register FIR based on the said complaint.

3. There is no rule as to when will the police complete the investigation.

4. In some cases, the FIT has been registered after 3 months of lodging the complaint.

This is not outraging the modest of a woman in any legal interpretation. However, facts are moulded and manufactured to file a case. So if a complaint gets filed and the FIR is registered then your friend should apply for and obtain bail and then contest the case on merits.

1. If the complaint has not been filed till now then it is unlikely to be filed in future.

2. The limitation period for the court to take cognizance of the complaint is 2 years from the date of offence.