• 376-married-anticipatory bailed-chagesheeted, govt servant-probat

When working in govt job I had consensual relationships with a girl, then selected for another govt job, left previous job, joined new govt job hence city changed, i called the girl's father to marry the girl, he threaned to kill me and my entire family even if I communicated to her by any medium, I was afraid and discontinued communication with girl, on the other hand father(family of historysheeters rajputs of rajasthan) disowned girl, she frustrated/angered/depressed girl reached police to to find out me, police guided that it is possible only when u lodge 376 FIR on false pretext of marriage, She wanted me in any condition hence she lodged FIR, I applied for Anticipatory Bail,  girl appeared before judge, my lawyer confirmed that boy is ready for marriage as he was always ready, girl's misunderstanding got clear, she agreed for anticipatory bail if i marry her, judge gave time and directed to marry, I got married to the girl, marriage registered, granted AB, girl wrote/mailed to commissioner of police for filing closure report under section 173crpc mentioning no offence was ever made out/ it was a police guided complaint alongwith marriage documents, commissioner of police replied back on mail that her info has been registered with DD no. Xyz. BUT 3 Months after police chargesheeted. Case going on. I am in probation period, chargesheeted by police only 7days before, not yet informed to my govt department coz m puzzled. I have been a bright student and ambitious and helping. I never thought that life might take such a turn.

"Excerpts of complaint made a day before FIR: I was in live in relationshio with him, now no communication between us, i request to search and call him, i want no case against him if he agrees to marry me on which pretext he made physical relation with me
 Excerpts of FIR: We used to chat on fb, he met me at coaching, brought me to his quarter, started getting physical with me, I opposed him but he made relationship with me. Aftr that we r in live in relationship and stayed as husband wife. Now he is not receiving my calls nor relplying texts. Now I want to lodge FIR on false promise of marriage.
Excerpts of 164: we used to very much chat on fb, he said he wants to meet me, we started long conversations, he said he likes me, he wants me to meet his family, he took me in confidence, problems were at my home so I used to talk to him, one day he took me to his home, no one was there,started to get physical, said we will marry. He served me something to eat then made relation...after that we r living in live in relation.  He always kept me in verygood manner but did not marry, my family is making pressure on me to come home and frightens me. He is disappeared perhaps my father has frightend him also. Both hv disowned me."

Medicals done, call details are there, few call recordings I hv in my defence. 
IO has herself written a staement in which she has written that I have made relations on promise of marriage which the girl opposed and got my sign. 

Q. Shall I inform the case to the department?
Q. What will be the next action from department for pnding criminal case? Suspension/dept inquiry/termination simpliciter? As we both are not supported by our families we have only this job to our rescue. Manytimes we feel to suicide.
Q. Threats still coming from girl's father to my sister that he will kill me wherever found and they are making efforts for it. If I ask for protection from police, police asks my address and police will simply forward my protection application to the thana under which her father comes where there are many police walas known to him. Simply he wl come to know my address.
Q. Went for quashing immediately after we got married and baild.....quashing petition(wp226-482crpc) dismissed without listning a word as it is 376 as written in dismissal order citing gian singh and narinder singh.
Q. Discharge/trial-wife pw1 to b hostile/ again for quashing(crl-mc) as now chargesheeted/ slp against earlier quashing dismissal or new quashing dismissal???
Q. I am aspiring for upsc. So what will be the best so as to not affect police verification process if required anytime? Will acquittal/discharge also lead to disqualification in civil services/judicial services?
Q. If I dont inform department and get acquitted...can if affect my govt job anytime in my life or promotion?
Q. My dear wife is so emotional and impulsive that still she cant control herself when angry and she easily gets angry, she easily moves by any comment made by any family member. She wants evrything then and there. she takes disastrous steps like leaving home for no reason...I stop her then with much efforts. I love her more than my life and any person anything in world. She is life for me. If she is with me, I dont need anything in life. I can overcome case/job/promotion if she stands with me always.
Asked 8 years ago in Criminal Law
Religion: Hindu

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3 Answers

1) you have to inform govt about pending case

2) if you are convicted your services would e terminated

3) you can file complaint of criminal intimidation under section 506 of IPC against father in law

4) you have to contest case on merits face trial as petition for quashing has been dismissed

5) if you are acquitted it would not be disqualification for government service

6) if you suppress information about pending case disciplinary action would be taken against you in case department comes to know about pending case

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

1. You should inform the department. If the dept discovers the pendency of the case on its own then it will go against you.

2. Suspension can follow if you inform the dept but if the dept finds on its own then you will be guilty of suppression of facts.

3. If police is not providing protection of the scale required by you then move a petition in the HC for protection which can issue the necessary directives.

4. Whether or not it is a fit case to apply for discharge can be decided only after a threadbare perusal of FIR and the witness statements.

5. If you are acquitted/discharges then you will sail through.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Since the matter shall be disposed soon wit the consent of the girl, you need not inform yor department about it so soon.

2. If there is no arrest and remand for more than 48 hours then the department may not initite any action so soon.

3. You cannot think about to things opposite to each at a time. You my judiciously dcide about the proposed action.

4. You can get the case disposed in trial court based on the compromise and wedding.between you two,

6. The trial court may be informed about her decision to withdraw the complaint, however the court may conduct the trial in which she may turn hostile and immediately after the police is examined, the other witnesses may be dispensed with, you ill b acquitted.

7. No, acquittal or discharge may not draw any adverse impact.

8. NO

9. no comments.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

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