One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Arjun Mehta, a software professional working remotely for a Bengaluru-based tech company, had been in a committed interfaith relationship with Sana Qureshi for nearly two years. When he disclosed the relationship to his family in Nagpur around late February 2025, things turned difficult fast. His parents refused to accept the relationship and pressured him to return home — an arrangement that consumed all his earned leaves and put his job at serious risk.
Eventually, Arjun returned to his rented accommodation in Pune, where he and Sana had been living independently. But his parents tracked down the address and approached the landlord, raising objections about the nature of the relationship. The landlord asked them to vacate. The same pattern repeated at a second rented property in Kothrud. By March 2025, the parents had moved into a third rented flat without consent, refusing Sana entry and, on two separate occasions, physically assaulting both Arjun and Sana. They also threatened to file false criminal cases and get Arjun dismissed from his job.
Arjun had initially tried to reason with local police informally, but without a clear legal strategy, nothing changed. After approaching Advocate Sudhir Rao, a structured approach combining a protection application, anticipatory bail precaution, and a firm legal notice to the parents changed the situation. The parents backed off, and Arjun and Sana were able to live without interference. The matter was handled with procedural precision that earlier informal attempts had simply not achieved.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Document every incident immediately: Every physical assault, every threat, every visit by parents to the landlord — write it down with dates, save text messages, and if possible capture photos or video. This contemporaneous record becomes your primary evidence base. And here's the thing, a record you build in real time is worth ten times more in court than one you try to reconstruct from memory three months later.
File a written complaint at the local police station: Don't rely on verbal requests to police. A written complaint creates an official record. If the police don't act, that written complaint is the foundation for approaching the Superintendent of Police or a Magistrate.
Consider anticipatory bail as a precaution: If your parents are threatening to file false cases against you, your advocate should file for anticipatory bail under Section 482 BNSS proactively. Waiting until arrest is too late. Now, before you assume this is overkill — it isn't. This type of matter sits at the intersection of personal liberty, criminal procedure, and civil rights, and advocates who regularly handle such matters are far more familiar with the procedural and evidentiary strategies that lead to faster, more effective outcomes than a general practitioner may be.
Applicable Sections of Law
This case is mixed in nature. It involves criminal elements (physical assault, criminal intimidation, wrongful restraint) as well as personal liberty concerns. The following provisions are directly applicable:
- Section 115 BNS (Voluntarily causing hurt): Physical assault by parents on the son and his partner attracts this section. Where injuries are caused, Section 118 BNS (grievous hurt) may apply.
- Section 351 BNS (Criminal intimidation): Threats to file false cases and get the person fired from employment constitute criminal intimidation — punishable under this section.
- Section 126 BNS (Wrongful restraint): Forcibly preventing the girlfriend from entering the shared rented accommodation amounts to wrongful restraint.
- Section 352 BNS (Intentional insult): Repeated conduct designed to provoke a breach of peace or cause humiliation can attract this provision where specific facts support it.
Frankly, the assault charges alone are enough to shift the dynamic significantly once a formal complaint is on record.
Punishment and Penalties
- Section 115 BNS (Voluntarily causing hurt): Imprisonment up to one year, or fine up to Rs. 10,000, or both. Cognizable, bailable, and compoundable with permission of court.
- Section 351 BNS (Criminal intimidation): Imprisonment up to two years, or fine, or both. Where the threat is to cause death or grievous hurt, punishment extends to seven years. Non-bailable where aggravated.
- Section 126 BNS (Wrongful restraint): Simple imprisonment up to one month, or fine up to Rs. 5,000, or both. Cognizable and bailable.
- Section 352 BNS: Fine up to Rs. 1,000 or simple imprisonment up to three months. Bailable and compoundable.
Jurisdiction — Where to File the Case
Jurisdiction lies with the police station and Magistrate court in whose territorial limits the assault, intimidation, or wrongful restraint occurred. In this situation, that means the police station covering the area of the rented accommodation in Pune. The complaint must be filed at that station first. If parents are threatening to file false cases from their home city (say, Nagpur), anticipatory bail must be sought from the Sessions Court or High Court of the jurisdiction where the false case is likely to be filed, not necessarily where Arjun resides. Territorial jurisdiction matters enormously here. Getting this wrong wastes significant time, and I've seen clients lose weeks over exactly this confusion.
What if Police Refuse to File FIR?
Police sometimes hesitate in family-related complaints, especially in interfaith situations. Don't accept inaction.
- Submit a written complaint to the Superintendent of Police of the district under Section 173(4) BNSS, requesting direction to register the FIR.
- File a private complaint directly before the Judicial Magistrate First Class under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
- If both fail, approach the High Court by filing a writ petition under Article 226 of the Constitution seeking direction to register the FIR — as affirmed by the Supreme Court in Lalita Kumari v. Government of UP, 2014, which mandated FIR registration in cognizable offence cases.
- Keep certified copies of every written complaint submitted at each stage — these are essential for escalation.
Rights of the Accused
Since parents are threatening to lodge false cases, Arjun should be clear on his own rights if ever arrested or summoned. Make no mistake, these aren't just theoretical protections — they're what stand between you and a coercive situation spiralling out of control.
- Right against self-incrimination: Under Article 20(3) of the Constitution, no person can be compelled to be a witness against themselves.
- Right to legal representation: Article 22 guarantees access to an advocate of choice at the time of arrest.
- Right to be produced before a Magistrate within 24 hours of arrest — failure to comply vitiates custody.
- Right to know grounds of arrest and to receive a copy of the FIR, as affirmed in D.K. Basu v. State of West Bengal, 1997.
- Right to remain silent during interrogation — anything said without counsel present can be used selectively by opposing parties.
Bail Provisions
If parents follow through on their threat and file a false case:
- Most offences that could be falsely invoked in such situations (hurt, harassment, intimidation) are bailable — meaning bail is a matter of right at the police station itself under Section 480 BNSS.
- For non-bailable offences, regular bail can be sought from the Sessions Court under Section 483 BNSS.
- Anticipatory bail under Section 482 BNSS is the most powerful tool here — file it before any arrest, as soon as the threat of a false case becomes credible. The Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 clarified that anticipatory bail can be granted without a time limit in appropriate cases.
- Typical bail conditions may include surrendering passport, not leaving the country, and appearing before the investigating officer when required.
Quashing of FIR / Case
If a false FIR is actually lodged, it can be challenged. Under Section 528 BNSS, the High Court holds inherent power to quash an FIR where the allegations, even taken at face value, don't disclose a cognizable offence, or where the proceedings amount to abuse of the process of court. The Supreme Court's judgment in State of Haryana v. Bhajan Lal, 1992 remains the foundational precedent setting out the circumstances under which an FIR can be quashed. In cases of false cases filed to coerce an adult child in a consensual relationship, courts have shown willingness to quash. File promptly. Delay weakens the argument that the FIR is malicious, and courts do notice how quickly you moved.
If You Are the Victim
- File a written complaint at the local police station immediately after any physical assault — do not delay hoping the situation will resolve itself.
- Approach the court for a protection order if parents are residing in your rented home without your permission, relying on Section 126 and Section 351 BNS as the legal basis.
- Send a formal legal notice through your advocate to the parents clearly stating that their presence in your rented home is unauthorized and demanding they leave within a specified time.
- Speak to your landlord with your advocate's letter in hand — landlords often cooperate once they understand the legal framework and that the troublesome party is the parents, not the tenant.
- If you fear imminent physical harm, approach the Magistrate for an order under Section 144 CrPC (now Section 163 BNSS) for directions to maintain peace.
Documents You Must Keep Ready
- Aadhaar card and PAN card of both partners
- Rent agreement clearly showing your name as the primary tenant
- Photographs or video recordings of any physical assault or threatening behaviour
- Screenshots of threatening messages (WhatsApp, SMS, email) from parents
- Written record (diary entries with dates) of each incident
- Medical reports if injuries were sustained during physical assault
- Copies of all written complaints submitted to police
- Employer communication records if job threats were made to your employer by parents
What Evidence Is Required?
- Primary evidence — direct: Video footage or photos of assault or forcible entry into your rented premises by parents
- Primary evidence — documentary: Rent agreement establishing your exclusive right to the premises
- Witness statements from neighbours, building security, or others who observed incidents
- Medical examination report (if physical hurt was caused) from a registered medical officer
- Screenshots and call records showing threatening communications
- Landlord's written account of the parents' interference (if the landlord cooperates)
- Employment records showing leave exhaustion caused by forced return home — relevant for establishing the pattern of coercion
How the Police Behave in Such Cases
Make no mistake — police in many cities are cautious about interfaith relationship disputes because of the potential for community tensions. Officers may informally try to "mediate" or suggest the couple return home, which is not their role under law. There's often reluctance to register an FIR where the alleged perpetrators are the complainant's own parents. Expect initial resistance. Written complaints addressed to senior officers change the dynamic. And here's the thing — once a Magistrate is involved through a Section 175(3) BNSS complaint, police responsiveness typically improves. Document every interaction with police, including dates and officer names.
Timeline of Legal Process
- Week 1-2: File written complaint at police station; simultaneously send legal notice to parents through advocate
- Week 2-3: If police inaction, escalate to SP under Section 173(4) BNSS
- Week 3-4: File anticipatory bail application at Sessions Court if false case threat is credible
- Month 1-2: If FIR registered, police investigation commences; regular follow-up required
- Month 2-3: Chargesheet filed (police have 60 days for offences with up to 7 years' imprisonment)
- Month 3-4: Magistrate takes cognizance; summons issued to accused (parents)
- Month 4-6: Framing of charges after hearing both sides
- 6 months – 2 years: Trial, evidence, arguments — duration varies significantly by court load
- Post-judgment: Appeal lies to Sessions Court or High Court depending on the offence
How Long Will the Investigation Take?
Under Section 193 BNSS, police must file a chargesheet within 60 days for offences punishable with up to seven years' imprisonment, and within 90 days for more serious offences. In practice, for hurt and intimidation complaints in urban areas like Pune, investigation is often completed within 30 to 45 days when there is documentary and medical evidence. Without evidence, investigations can stall. Active legal follow-up