- This topic has 24 replies, 7 voices, and was last updated 1 year, 2 months ago by
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NHello,
A tenant in our building commited a fraud with us and took 1 Lakh rupees from us and is now gone with his wife. Their belongings are still in our property and they have not payed rent. Now we were emptying the flat and keeping their belongings safe so they can take it if they return. But I’m scared that if his wife gets too angry she might file a false sexual harrasment case against us. What should we do in that case? Please help I’m scared because of this and also I’m sorry I did not provide complete backstory. I will provide it later in the day because I’m in a hurry right now and my dad doesn’t listen to anyone and we have almost emptied the flat. Please tell what should we do if she files a false case because this is making me panic. -
Bwhy did you rent your property in first place if you are scared about them filing case?
If filing fake case is so easy, your mom/sister can file similar case against tenant (husband)
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NBefore renting we did not know that they will commit fraud. My dad is a gullible person and we needed 5 ACs for the property. That tenant told him that he can order those via him so his monthly Target is achieved. My dad being a “dusre ka bhala sochne wale” type person, he gave him money for it. Now he’s not returning it and is not picking calls. He left our flat filled with his stuff as it is which is why we think he might return to get his belongings. Now, I am worried that they might file a fake case against us just to get revenge on us for taking their stuff out.
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LNAL and L’s here can correct me if I’m wrong.
You should have filed a case on them before they could have. A NC of theft, deceit and absconding at the local police station.
Then started emptying the property by giving them a one month’s notice via email at least.
In that case a sexual harassment case from the wife would look baseless to begin with.
Also sexual harassment case karne ke liye proof toh chahiye na?…
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NIndian laws are fucked so proof ke liye I’m not sure. Also the property is in Gurugram and my dad was saying that police there will not register the case. Also he does not want to “ruin his reputation” so he did not involve police despite my mom and rest of us trying to convince him. I know he acts stupid but can’t do anything now.
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LThen keep all contingencies ready for if and when a sexual harassment case happens to be filed. I don’t know more than this right now.
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NCan you please tell some measures which should be taken if things go south? Also thank you for taking your time
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SThere is nothing defensive you can do, if they do that then just file counter case and rough it out
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MPlease give the missing info. Why would she be able to file any case let alone one of sexual harassment.
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NJust so she can get revenge on us for taking their stuff out. Also my dad got a policeman to talk to the tenant that we have opened the locks and will be emptying it in the future. But then the tenant said that he will return on Monday (today) and then we shall talk face to face.
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MIt’s actually not possible to file cases willy nilly without any evidence. Cops don’t want to increase the number of FIRs in their jurisdiction, so they always try to discourage even genuine cases where you have evidence of any crime.
So anyone who goes to claim sexual harassment without a shred of evidence will be laughed out of the police station.
If she has evidence of sexual harassment then of course it’s a different situation altogether, and not a “false case”
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NNothing wrong happened so there surely isn’t any evidence. But seeing the rise in number of fake cases, it’s making me believe that that evidence is easy to fabricate? Or please correct me if I’m wrong. Like what can be taken as evidence for sexual harrasment?
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MThe “rise in false cases” has been hugely overstated. Evidence cannot be fabricated so easily.
What people think are false cases fall into a few categories:
1. Genuine situation, but not enough evidence so the case though registered gets withdrawn
2. Genuine situation but case withdrawn due to pressure or mediation outside the court
3. Genuine situation but accused is acquitted due to prosecution not meeting the burden
4. Fake case but registered by family members other than the girl/ woman or by pressuring the girl/ woman with objective of punishing a genuine relationship. These cases are usually withdrawn once the family gets the girl or guy to behave in the way they want.
(Usually family has connections to get it registered)
5. Case registered on the basis of some sort of inappropriate behaviour which doesn’t amount to legal definition of sexual harassment.
6. Fake case registered out of malice with totally fabricated evidenceNowadays category 6 is in the news a lot but the quoted statistics covers cases from all the categories together. So people feel scared, and some unscrupulous women after hearing about it also make threats about it to manipulate people into doing what they want.
But category 6 is almost impossible to actually get registered as an FIR, and even if it does, it will be easily dismissed before even getting to court.
And police will literally do anything to avoid filing an FIR, so their first option is to always do some mediation in the police station and send people away. In case of sexual harassment they will stand around slut shaming the lady so women don’t usually want to put themselves in that position also.
Just yesterday I filed a complaint for the theft of my keys and the cops not only did not consider an FIR, but also dismissed me in the process of mediation, saying how many times will you talk about your keys. 😂
Trust me it is not so easy for anyone to file a complaint. Only if you have video or audio evidence which is irrefutable + a good lawyer and some influence can you consider filing a case even in genuine situations.
So especially if the tenants haven’t even made any such statements, nothing to worry about. If they have made statements,
– Record what they’re saying through phone calls, phone in your pocket etc,
– keep all communication in writing – email or whatsapp – wherever possibleAnd if it comes to the point of speaking to cops, show them these records to refute their allegations. Cops won’t even give it time of day unless the other party has influence.
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NKind sir, I can’t thank you enough for your message. It has given me assurance and confidence to confront them will full force for the wrong they have done. I will make sure to try and record any further encounters. The tenants haven’t threatened us for a fake case but I myself for thinking about the worse possible scenario and then trying to prepare for it. And also they doesn’t seem to be influential from what I have known about them. Once again, thank you for taking out your time to write such a detailed message. 🙏🏻
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Ebro stop believing on social media aise koi bhi case thodi daal dega, aur police pagal nhi hain ki kise ne bola ispe case dal do aur wo dal degi, police need some sufficient ground for registering fir, even if she provide some fake narrative story police will first ask you to appear for interrogation wha sab dta dena proof ke sath.! take lawyer with you…and yes if she filed fake case on you can and should also file package of multiple counter case to teach her a lesson for life.. like civil case for compensation for damaging your reputation, criminal case like bns 248 for falsely accusing you, bns 227,228,229 for wrong evidence case and many more connect with your lawyer!
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