• False charges under IPC section 420,376,328,506,34

Pl help us;
My younger brother and my old mother has been falsely charged with section 420,376,328,506&34 by my brothers x-girlfriend. As they broke-up long back due to this girls physic behavior and recently a month back my brother went abroad for job and before leaving he applied for anticipatory bail on concern that this girl been regularly threatening him & my family (cze her relatives are in police) to marry or demanding money. But at tht time she confirmed to police that she do not Hv any grevience against my brother. But now after he had traveled abroad for job, she has logged FIR against my brother and my mother (sections as stated above) stating that somewhere 6 years back she was intoxicated with some drug and my brother raped her and since then he has been luring her with false promises of marrying her and based on which he is been sleeping with her. And against my mother that she agreed to get them married and then she went against their marriage and also that my mother said her to commit sueside (as response to her threatning/blackmailing  calls o this girl of commuting sueside). Non of this every happened or said by her or done by my brother.
My mother was picked up from her school (shez teacher) by police with full convoye. And police is now hunting for my brother. His life is in great danger as these police (relatives of girl)  Will kill him and on top these fakes charges are been filled to trap him and comple him to forceful get married to this girl. Kindly seek help please.
Asked 2 years ago in Criminal Law from ,
Dear Querist
As per your information there is no case made out against your mother.

Immediately file a quashing petition before High Court and refer the Apex Court Judgement(Sangita Mahrotra Supra) in which the Hon'ble Apex Court held that the allegations should be specific.

For your Brother, False promise of marriage and due to this doing sex is not amount to An offence of Rape as define u/s 375/376 of IPC Hence rape charges may be dropped against your brother.

File an anticipatory bail before High Court or quashing petition before High Court and try to get an Interim order for stay on arrest.

You may contact Mr. Ajay Sethi Adv. He is from Mumbai. for his Contact Detail you can contact Admin.
You may contact for phone consultation to me after obtaining my detail from Admin.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1. Well the allegation of rape appears to be 6 years old incident and i wonder why this case was acted u[on by Police so earnestly.
2. Anyway this case merits release of your mother immediately on bail.
3.Once bail is granted I find no reason to be scared of this case.
4. Your brother having been abroad he need not make any hurry. Once he is back in india he can apply for anticipatory bail. The court in matters of these types liberally grant bail.
5. After wards you can go for quashing if and when charge sheet is submitted. Before that do not go for quashing.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Based on the facts provided by you it is very clear that no case is made against your mother. You should immediately apply bail for your mother and file a quashing petition before the High Court. 
Regarding your brother, since he is abroad you can file an anticipatory bail and then quashing of petition.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. This is an absurd case surely showing over action by the police,

2. Apply for bail of your mother,

3. Apply for anticipatory bail for yourbrother once he arrives India,

4.  Lodge a police complaint if she further threatens your mother or demands money by recording the conversation,

5. File a writ petition before the High Court against police inacion if police fails to take any action against your said complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Contact Adv Ajay Sethi  of Mumbai through this forum.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Hi,
1. if an FIR is lodged already there is no point in running away , file for anticipatory bail for your brother, then go ahead with quashing of it in the high court as your mom is falsely implicated.

2. did you apply for bail for your mother , if police has picked her up what legal step have you taken, was it for only questioning?

2. unfortunately the sec. charged are non bailable so it is necessary to apply  for anticipatory bail.
whether an FIR false or true once it is lodged you need to undergo proper legal procedure of bail to defend you and get it quashed
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Police does not seem to have applied its mind before lodging the case. 

2. Since the case has been registered you have to walk through the process of law. Apply immediately for the bail of your mother lest she is arrested and put behind bars.

3. Thereafter, seek the quashing of the FIR as it is baseless.

4. File a complaint for criminal intimidation against this girl if she threatens you any further.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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