• My wife filed case under IPC 376/498A/323/342/506/324/406

Hello Experts

My wife files case under IPC 376/498A/323/342/506/324/406.

We got engagement on 3-12-2012 after some time there was courtship between us. So our engagement got break down.

After break up of engagement we both still in the touch. 

On 31-10-13, there was fight between us, and she cut her hand with knife, I have MLR report which doctor mention that "She cut herself with share object." but later she mentioned in the complaint that i had forcefully given the wrong statement in MLR.

On 4-11-2013 she filed fake complaint against me for rape, harassment, attempt murder and I was demanded dowry. Later we got compromised and got married on 4-2-2014.

On 11-4-2014, she left my home and went to parental house. 

On 22-12-2014, she filled 498A from faridabad and 376 from gurgaon on date 24-12-2014.

I was in custody for 49 days and got bail after filling compromised letter by my wife.

Compromised letter mention that she wants mutual divorce, she want to quash the both FIR before high court. 

Now I had given half amount. Rest half amount I would like to give in installment. But she wants one full settlement amount. So we both are not agreeing. 

1. Does IPC 376 exist after marriage? If there is fake written complaint in PS before marriage.(I have RTI reply for fake complaint number)

2. Does 498A and 376 can be file same time?

3. Can i quash the IPC 376 or merits on the basic compromise letter given by my wife in the court on 12-2-15?
My case IPC 376 charge has been framed on 8 March, 2014.

4. My wife is so dominated nature, Does i can file any case on her or her family about interpreting and disturbing me and my family life?

My life is like heal now days.

Kindly help me out what i can do to get it over.

Regards
Asked 1 year ago in Criminal Law from Gurgaon, Haryana
1. Well, 376 IPC does not apply between married couple. The martial rape is still not an statutory offence.

2. 376 and 498A DOES NOT RUN SIMULTANEOUSLY.

3. If your submits any affidavit in lower court  stating no such commission of offence then your case is fit to be quashed.

4.Yes case u/s 504. 506. 500 IPC can be filed against them.

However it would be better if you compromise and go for mutual divorce as agreed before. After mutual divorce no such case can be filed by you any more.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. Husband cannot be charged with marital rape. Police does not seem to have done it's homework before registering the case.

2. 498A and 376 can be filed simultaneously. 

3. On the basis of the compromise you can file consent terms in the High Court which can quash the case. 

4. If you are being intimidated then you can file a complaint for criminal intimidation against your wife. Furthermore, you may seek a restraint order from the civil court against your wife.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Dear Querist

My opinion on your queries are as under:

1. Does IPC 376 exist after marriage? If there is fake written complaint in PS before marriage.(I have RTI reply for fake complaint number)
Opinion: No, rape case can not be filed against the husband but if wife's age is less then 16 years then rape case can be filed. Fight the case on merit and try to prove that this case is false and fabricated, if proved then you may file a complaint against her u/s 182 of IPC

2. Does 498A and 376 can be file same time?
Opinion: Yes it can be.

3. Can i quash the IPC 376 or merits on the basic compromise letter given by my wife in the court on 12-2-15?
My case IPC 376 charge has been framed on 8 March, 2014.
Opinion: you may file a quashing petition before HC u/s 482 of Cr.P.C but her presence and consent before the HC is mandatory, if she refused then quashing can not be possible based on compromised.

4. My wife is so dominated nature, Does i can file any case on her or her family about interpreting and disturbing me and my family life?
Opinion: If you get acquittal order from the court on merit and it is proved that the case was false then you may file a complaint as mentioned above.
apart from this you may file a defamation suit before civil court or complaint before Magistrate u/s 499/500 of IPC.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
1. No. No rape charge exists between adult married couple,

2. Yes, 498A ans 376 can be filed together,

3. Yes, you can file an application u/s482 of Cr.P.C. before the High Court wherein she should be presnt,

4. After getting acquitted from all her charges alleged/filed so far, you can file an application againsther for lodging/filing false complaint/case against you,

5. However, you are suggested to move away from her completely after getting the decree of divorce in the MCD to be filed by both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Hello,

1) According to you your wife had filed a complaint under section 376 before marriage. Were you acquitted on that occasion? There is no provision in law for marital rape yet in India and therefore 376 and 498A will not run concurrently after marriage.Therefore you can move a petition to quash the charges of rape in the High Court.

2) It is possible to file complaints under 376 and 498A at the same time.

3) You can file a petition in the High Court to have the petition under section 376 be quashed on the strength of your wife's statement and the fact that the rape charges were brought in at a later date.

4) Regarding your taking any action against her dominant and threatening ways, yes you can file a complaint for being intimidated with the local police.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Well the affidavit is enough to get your case quashed. Nothing to worry abut this case. 
it has hardly any merit left in it. Meet a seasoned lawyer.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. Normally when wife lodges police complaint against husband, it leads to divorce, contested or mutual and the husband refrains from thinking of marrying another girl for a long time,

2. In you case, she had lodged police complaint against you before marriage and  even then you had married her,

3. After bringing rape  charge against you she has married you which implies that either the charge is false or she has withdrawn her complaint,

4. What has been mentioned in the compromise affidavit is required to be perused for giving proper advice,

5. However, file the quash petrition with the said Affidavit,

6. Your wife's complaint does not seem to have any legal leg to stand.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
You should move the High Court as the FIR is bereft of any merit and there is no proof of rape available to her.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0

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