A case has been registered against me U/S 376, 493 and 417. The girl is a known family member. We know each other for the last 4-5 years. The girl has lodged FIR saying that I promised her marriage and did physical relation with her. At Police station a settlement was done and we married. The FIR was withdrawn.The girl choose to stay at her own residence. However, after two months the girl again lodged an FIR that I have broken the promise and as such the FIR U/S 376 should be registered. Accordingly, the FIR was registered U/S 376, U/S 493 and U/S 417 of IPC. However, at first instance the HC granted me absolute bail on the case. Later, after 4-5 month the girl again filed a mandamus before HC that the police forcibly took her signature and got her married. According to her, this is purely a rape case and the police should do the same. The writ of mandamus is pending. Now, I have come to know that the Police has filed a charge sheet but the case has not been initiated. My question is 1) Can I go for a quashing before the HC 2) Can I marry another girl of my choice. Please suggest.
Asked in Criminal Law from Guwahati, Assam
1. The girl is blowing hot and cold doing precious little for the benefit of your own case.
2. Since bail is granted you need not worry much.
3. By way of this mandamus writ your bail would not be cancelled and I do not find any merit in the writ petition.
4.Since charge sheet is submitted get prepared for fighting the case on merit.
5. Most of the rape cases filed on the premises of false promise of marriage falls flat and in your case if you can show proof of marriage then quashing case if filed shall have a good merit.
1. You have already availed bail for which your prime problem of anticipated arrest is over,
2. There is no merit in the W.P. which you should try hard to get didmissed,
3. If charge sheet is filed, contest the case on merit fittingly and also file a quash petition before the High Court,
4. At this stage, it will be suicidal for you to get married with another girl before getting the decree of divorce.
If an Mandamus has been filed, it will not affect the bail which has already been granted to you until and unless the police moves an application for cancellation of bail. Further, if charge sheet has been submitted then the trial will take place and you must lead evidence in your defence.
Do not get married to another girl of your choice as of now since you are legally married to the girl who has filed a case of rape against you. The marriage solemnised between u and her need to be first nullified or obtain a divorce from her and only then u can marry another girl.
1. There is no question of you marrying another girl at this stage as you have not been granted divorce by the court. If you wish to marry another girl then file for and obtain divorce. You can be prosecuted for bigamy if you remarry without taking divorce.
2. Once bail is granted, half the battle is already won as the sword of arrest is no longer hanging over your head.
3. As regards the petition pending in the High Court, it will not be possible for us to prejudge what order the HC would eventually pass.
4. Once the charge sheets is filed you have to contest the case on merits.
5. Alternatively, you can apply for quashing after the charge sheet is filed.