Hi there, I got married to my ex-wife, it was an arranged marriage(nikah) about 7 years ago. I have two children with her, they are with her. Since starting I had problems with my exwife, as she had previous affairs, bfs. One day she left to stay with her parents, during this time her close friend got in touch with me. She was a divorcee and we were giving each other moral support. We got close and use to meet up. Then a year ago my ex-wife took Khula from me and I applied for visiting rights for the children which is still pending. I was thinking of getting married to my ex gf but in between the relationship I came to know my ex gf had previously gotten married thrice and also filed false cases against various guys/bfs and she also got caught in a phone theft case in the office. So I denied marrying her and my family didn't want me to marry her, of this, she got angry and wanted to take revenge on me and my family. She got in touch with my exwife and took family wedding photos and created fake Facebook accounts by my sister's name, and mother's name and used to upload wedding photos of my sisters, mother, and brothers and chat with a lot of guys. I have complained that in Cybercrime and upon investigation cybercrime investigated the matter and arrested my exgf. They found out that it was her, who was doing all these illegal activites. They held her and beat her in cybercrime CCS and registered a case. She told cyber crime that it was her who took photos of my family from my ex-wife. Once she came out CCS after few days she started creating fake facebook accounts again and started posting abusing stuff and pictures of my family(mine, sister, brother, mother). We went to cybercrime again and they said they are starting the investing the matter of new ids again. Meanwhile my exgf also filed fake rapecase against me in the police station and I started getting calls from PS to come and join the investigation or allegations. This was planned by my exgf and exwife. Police along with my exgf's brother came to my home as I wasn't answering calls. I was away from town. My lawyer suggested we file a writ petition from the Highcourt, against the police officer, who was calling on behalf of the complaint filed by my ex gf, it was Arnesh Kumar Vs State of Bihar. And we filed it. Due to this the police officer got angry and said he would follow the court due procedure and produce fake video etc. My lawyer asked the complainant to come with the pieces of evidence in front of the judge. The FIR is not filed yet. Now my questions are as below. 1) Can the police officer generate an arrest warrant in this scenario, without the FIR or without the pieces of evidence? The last time I met ex ex-girlfriend was in 2021, and since then i haven't met her. 2) what could be my next best course of action? 3) How can i stop the continued fake Facebook posting of my family members? 4) Exgf also got pregnant and aborted, will she use this against me?
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FIR is a must . No arrest warrant can be issued without any FIR being filed . only if you don’t cooperate with investigations would warrant be issued against you
2) file case of criminal defamation against your ex gf
3) file suit of damages and seek stay order restraining gf from posting defamatory statement s against your family members
4) she would try to use her abortion against you
1. The police cannot get an arrest warrant even before filing the FIR and the procedures there on.
2. Since you have already approached High court, better wait for the disposal.
3. You cannot stop her from doing this number nuisance, but you can challenge them
4. It depends on whether it was before divorce or after that and who was the reason for abortion.
Thanks for your replies. Below are my following questions. 1) We enquired at the police station and were told by an informer that the SI is preparing some fake documents against me to be produced in court, can he arrest me without the FIR? Can he come to my home and harass my family members? 2) The exgf is basically want to try and force me to marry her, can she forcefully marry me in court or police station? Can the judge force me to marry her based on false rape charges she put in? 3) We had a consensual relation and everything between us was consensual, I didn't force her into anything. Although my intention was to marry her later when I found out about her background and the criminal cases she had, i refused to marry her. Will this be considered as rape? How can this case be squashed in court? 4) My lawyer had put in writ petition from high court to SI, can the police still force me to come and join the investigation in the PS or can my lawyer based on writ petition ask the police to submit evidence from the other party in the court directly without me being going to the police station? 5) If I go to the police station, will the police arrest me and make me sign false papers and agree on the rape charges? or can they frame me into other charges? or can they book other false cases? 6) How do I deal with this false rape case, without actually going to the police station? 7) The last time i met this lady was in 2021, since then I never had contact with her. Can she submit the proofs before 2021 and call it as still rape? 8) Can the police register an FIR based on old evidences before 2021? if so she should go for medical etc to prove it was rape? 9) Whats the best way to deal and close this case? 10) Should i go to police and still join the investigation? 11) Can I send both my exgf and exwife to jail based on cybercrime defamation they are doing? what charges and sections I can file?
He cannot arrest you without FIR
2) you cannot be forced to marry her
3) consensual sex is not rape
4) police have to file reply to writ petition
5) police would not arrest you if you go to police station
6) you must cooperate with investigation
7) she can submit proofs before 2021 but delay in filing FIR will go against her
8) amicable settlement is best option
9) you can file case of defamation under section 500 of IPC
1. If FIR lodged by the police for the offence of rape , then the police can arrest without getting a permission of the court.
2. Apply for getting anticipatory bail from the session court.
3. Your family members should approach the Cyber crime
4. No
Further,
1. No
2. No
3.The Supreme Court has held that it is not rape if consensual physical relationship was based on a genuine promise of marriage which could not be fulfilled.
4. You should move an application before the same court for an stay in the investigation by the police till the outcome of the Writ Petition.
5. Without notice under section 41A by the police officer , you should not appear before him
6. Take anticipatory bail for the apprehension of arrest
7. No,
8. Yes
9. Approach the High Court , if FIR lodged
10. Yes, however anticipatory bail is suggested before going there.
11. You can file a criminal defamation case against them.
1. No, he cannot straight away arrest without registering FIR.
2. Nobody can force you to get married to her against you willingness.
3. No.
4. You just wait for the disposal details of high court.
5. Don't go to police station.
6. Let the police register FIR and then you can AB after which you can directly appear before court.
7. No.
8. What police will do cannot be predicted, they can tilt the side which greases their palms.
9. You may wait for the developments.
10. Wait.
11. The cyber crime also cannot send them to jail, the court will pass decree and judgment, then only you will come to know the disposal details.
In all above questions you can file a detailed criminal complaint adducing supporting evidence to the same if required
