• Can a false promise of marriage rape case FIR be quashed if I have proofs as whatsapp chat and pics

I m booked under IPC 376, 354, 417 and 34. my ex-girl friend gave a written complaint that i raped her for last five years in pretext of marriage. she wrote in the complaint that "i took her to my flat in nov 2012 in gwalior M.P. and raped her.( i was hostler that time and nothing such happened in real) she threat me that she would complaint then i promised her for marriage. after that i raped her many times on same flat. then i shifted delhi in 2014 and kept on visiting her place and raped her again in two different hotels in 2014 in gwalior. then she asked me to talk to my parents about marriage but i denied. then in nov 2017 she came delhi for some work i took her to my flat and raped her for 5 days. then again i called her delhi on 2nd dec 17 and robbed her modesty by pressing her breasts. i took her police station thereafter and from their i took her to hotel where i again touched her inappropriately."
Real version of story is that i filed a complaint of blackmailing against her on 1.12.17 and took her to police station on 2.12.17 where she said that she wont blackmail and write the same on plane paper but after 7 days reaching her home town she filed a police complaint against me which i wrote above in detail.
Asked 3 years ago in Criminal Law
Religion: Hindu

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28 Answers

Hello,

You may definitely file a case for quashing the FIR in the High court as the same is vexatious and has just been filed to harass you. Do you have the copy of said complaint?

Regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Well, without delay apply for anticipatory bail and avoid getting arrested.

If you could show your complaint of blackmailing and her undertaking not to repeat her extortion then you should easily get bail.

Do note since cgarges are grave unless you manage to obtain anticipatory bail the police can arrest you if they nab you.

So remain absconded till anticipatory bail is granted.

All the best.

Don't worry. During trial her allegations would never be proved.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

The law is very clear as settled by the Apex Court on this subject. If a man has consensual sex with a woman with the intention to marry her, then it cannot be termed as rape, even though the marriage does not take place.

You both are/were adults and were aware f the consequences of your relationship. Your relationship could or could not have materialised in a marriage. The girl cannot turn her back to you now at this stage, and get you booked in this false and concocted case, just because you could not marry her due to your limitation, despite the fact you were in a prolonged relationship with her.

Moreover, this case/FIR appears to be one which has been filed as a counterblast against your act of taking her to the police station on 2.12.17 where she gave an undertaking that she wont blackmail you.

Challenge the FIR lodged against you by approaching the High Court. Take a chance!

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

Hello Dear

Please let us know firstly, in which place the alleged FIR got registered by your ex-gal friend. Secondly, as so far as my experience concern you are entitle for grant anticipatory bail by the court if the same will move in the competent court of jurisdiction. But remember your have to provide all the material detail of your five year relationship, which includes phone calls, recording, photographs etc.

Merely alleged about false promise of marriage cant form part of crime. You have to Mention the age of the girl as well as your age including both employment detail and education.

G. L. Soni
Advocate, New Delhi
61 Answers
3 Consultations

5.0 on 5.0

As advised, approach the High Court by way of filing a quash petition. Seek quashment of the FIR lodged against you.

You have a decent case.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Yez

Manuj Chadha
Advocate, Panchkula
8 Answers

4.0 on 5.0

1) file application fir Anticipatory bail

2) enclose copy of Police complaint filed by you against her of blackmail

3) deny allegations made in complaint

4) wait for police investigations to be completed and charge sheet filed

5) then based on legal advice apply fir discharge before trial court

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Take the plea that it was consensual sex

No promises of marriage was made

Girl had given her free and unequivocal consent for sex

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Dear

Its really sound great that an innocent person succeeds to obtain anticipatory bail from Hon'ble High court of M.P. but before moving quashing petition has to seen each and every angel in all the respect. better to visit office for consultation.

Regards

G.L.Soni

G. L. Soni
Advocate, New Delhi
61 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Show me FIR,

As the charges are vital in nature, so quashing will be ordeal, as even if rape charges are not proved, sec 420 will attract or may be 354 IPC.

If u have evidence that u never promised for marriage. than possibilities are bright.

Different view by many court, pretext of marriage not amounts to rape but cheating.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

There are High Chances that you will get relief from the HC.

If in any case no relief is given and charge sheet is filed then you may approach the HC again for getting the charge sheet quashed.

Less chances that the conviction will happen in your case.

regards

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

As you say, the Gwalior High Court has already commented upon the merits of this case by saying that you had made your intention clear that you are not marrying this female and has also found your physical relationship with this girl consensual in nature, you may use these findings and reply on this order passed by the Gwalior High Court in your FIR quash petition.

You have great chances to succeed, but nobody can guarantee you favourable results. Having said that, there's no harm to file the FIR quash petition because, even if you will loose this case, you will not be at the loosing end and rather, you will be satisfied about having exhausted all your legal remedies.

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Hi, the quashing can be filed in high court .. The relief however depends upon the court discretion while looking upon the merits of case...

Hemant Chaudhary
Advocate, Gurgaon
4601 Answers
44 Consultations

4.9 on 5.0

Since you have already got bail there is nothing urgent in your case. As i advised earlier her allegations wouldn't be proved. So keep patience and wait for your acquittal on completion of trial.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

1. There are several judgments in this regard.

2. As per one Judgment, even after promising marriage while having s*x, the man can refuse to marry since he might start disliking his said partner and in that case he is with in his rights to refuse to marry her and she had agreed to have s*x with him knowing very well that she is not married to her and as per the definition of rape, having s*x after promising marriage and then refusing to marry does not constitute rape as per IPC.

3. In your case the matter is even simpler but the problem is that you shall have to face the trouble of attending the Court at her place periodically.

4. Apply for and avail anticipatory bail immediately and then contest the case fittingly.

5. You can also file a police complaint u/s211 of IPC against her for her lodging false complaint to cause damage to you.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

1. You have not informed whether she has any evidence of your having had s*x with her or not.

2. If no, then do not admit having any sort of physical relationship with her.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

The legal position is, if she is matured and major, she should be aware of the consequences of her act even if indulged in sexual intercourse under the guise of force, pretext of marriage. However, quash may not be advisable as some HC look at it with suspicion as the investigation would not have been completed. She may appoint a lawyer to support her cause. Therefore, with the evidence stated, it shall be difficult. However, alternate option is to approach HC and before the end of the proceedings, if the pleader is of view that the matter shall not be quashed, then withdraw the matter and try the same before trial court.

Rajaganapathy Ganesan
Advocate, Chennai
1843 Answers
8 Consultations

4.9 on 5.0

- Section 376 says that sex is rape if it is without the woman's consent.

- Section 90 says that consent obtained via "misconception of fact" is not really consent.

- An allegation that the woman was made to have sexual intercourse with the accused on the assumption, based on an assurance or promise or giving out an understanding that the accused would marry her, cannot amount to the lack of consent.

Further , the woman who is a major, if gives consent even on "any of the aforesaid assumptions, and thus has sexual intercourse with an accused will be, under all circumstances and in all respects, considered to be a consenting party.

- Such consent cannot be called as an illegal consent as far as the applicability of Section 376, IPC is concerned.

- Honble Supreme Court in the matter ,Uday v. State of Karnataka and Arjun Gupta v. State of Jharkand) held that it would not amount to rape.

That is the reason you granted anticipatory Bail from the Gwalior High Court.

Now, when you have already granted Bail , then you should approach the High court for quashing the FIR and moreover you have your complaint copy , so the chances of quashing is maximum.

Your petition for quashing of FIR may be dismissed by the High Court due to non filing of Charge sheet of the case.

As you have got anticipatory bail , then you will get regular bail from the trial court.

Chances of your acquittal from the lower court is looking high ,even during the trial of the case you have your right to move Quashing Petition. Further at the time of framing of charge , you can be discharged from the offences from the lower court as well.

Good luck , you have maximum chances of get free from the terrible time.

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

1. Since you had made your intention clear, as per the FIR, that you are not going to marry her, her having had s*x with you thereafter is simply consensual and can not be on the ground that she was promised marriage by you.

2. There is hardly any merit in her said complaint.

3. File the quash petition after charge sheet is filed by the I.O.

4. I do not foresee any of the charges leveled against you to be proved in the given circumstances.

Krishna Kishore Ganguly
Advocate, Kolkata
25067 Answers
725 Consultations

5.0 on 5.0

Now the law for quashing has become very strict.

I suggest you to defend your case good at trial court as you have already got ABail.

The high court won’t quash it as there are chances for something coming out during the evidences.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Yes it can be quashed as consensual sex on the promise of marriage does not amount to rape.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Pleas note consensual sex is not rape. You can get it quashed before high court. As you said that the court while granting anticipatory bail noted the contents of FIR. So you can get it quashed .

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Even if the police had registered the complaint for the offence of rape, the court will not accept her statements because it canot be believed that she had been continuously raped for five years at different cities and at different places but she never raised any objection to this nor made a complaint with the police anytime till this time even though she was tortured by you consistently.

Therefore you can challenge her case in the trial court properly by first getting enlarged on bail.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

i am unmarried 28yr old and doctor by profession. she is 25 yr old and model by profession and claim herself miss gwalior 2017.

Thus it is clear that she is a well qualified and matured woman and knows what is to be done on this legally if she was continuously raped as alleged.

Therefor her complaint can be confronted properly.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

i was granted anticipatory bail by Gwalior high court citing the reason that as per FIR i made my intention clear to her of not marrying her then the relationship made on later dates cant be said on the pretext of marriage rather they were consensual in nature. yes i have a copy of complaint filed by me. what r the chances of getting it quashed and what if i fail in the same. is there any chance of conviction by lower court ?

The chances of quashing FIR is little bleak, however you may wait for the police to file charge sheet after which you can file a petition under section 482 cr.p.c. seeking to quash the charge sheet on the substantial grounds that you rely upon.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

HI

There are very high chances of the quashing of FIR, move ahead with all the proofs you have.

If you fail in the same then also nothing much to worry as you will be acquitted from the matter as the Judges are not dumb and also there will not be much facts and evidences against you to get you convicted for rape.

so in all donot worry and hire a good criminal lawyer.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can quash the same. You should have primafacie evidence of she been into consentual sex with you and there is no element of rape. The HC of found proper will quash the case in your Matter.

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

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