• False rape case

I met a girl and we fall in love each other. She told me that we are from diffrent cast so we have to run away from here and marry each other after this i realize that our marriage will not work so i told her to choose her family decision. But she started blackmailing me. I have good earning and i spend lots of money on her. She blackmail me and force me to marriage. We got married in arya samaj without telling someone. After 1and half month later her father came to know about it and he file a case on me. He took my mobile and send some of our videos on his mobile of us and after it he give this mobile to police. As he is also a rich person he bribe all police and deleted all chat of before which she blackmailed me for marriage. He file a charge of 376, 384, 366, 354a, 66e it act. I am on bail now after slending 99 days in jail. And as i have apple that was time so i recoved all the chat which she is use to blackmail me like i will sucide and all. I have all marriage cirtificate, photos, videos, photos with her mom. what to do now.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

hello

file an FIR quashing application before the Jaipur bench of the Rajasthan HIGH Court immediately. they have slapped false charge upon you and hence this is the speediest remedy available to you. I must remind you that if the charge sheet has also been filed then a charge sheet quashing application has to be filed

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

no case of rape is made out as she is your legally wedded wife

2) file petition for quashing of FIR in HC

3) rely upon marriage certificate and other documents in your possession

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Am quite surprise, how come rape charges imposed on you on being married and in long term relationship.

Agreed, even the false allegation takes time to get investigate and exonerate still bail is a right and in such circumstances, denial is blink.

I suppose you should approach High Court for quashing of FIR on the basis of evidence procured by you.

What kind of inducement alleged in FIR which forced her to marry as abduction is rare possibility.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Estremely sorry to hear this.

Has the Police concluded its investigation and filed its report under 173(2) crpc? If yes, has it filed a chargesheet against yu?

In case you can gather some proof demonstrating that she was the one who forced you into this marriage, and the photographs of the arya samaj marriage ceremony, you must approach the High Court straightway and challenge the charge-sheet before it and attempting to get the same quashed.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

rely upon marriage certificate , chat history wherein girl blackmailed you for marriage

you have good case on merits file for quashing in HC as no rape case is made out

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hello

I have understood your plight and therefore I would suggest that you file a case immediately in the rajasthan HC jaipur bench. These are all false and frivolous charges slapped upon you in order to harass you. This will not hold before the court.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

Well, investigation is still going on so, chances are not lost yet.

Rest you should give your statement to police attaching all the evidences and take a receipt so that shall be include in investigation or send it through registered post,

Where you stayed in Delhi and for how many days, through which vehicle you went there , these points are matter of investigation and will support your case.

What is the stand of girl now.

I think you should file writ of habeas corpus.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The chat messages and photos of marriage between you both shall be the strong evidence to defend yourself from the charges framed against you.

You can challenge her case either in the trial court or can file a quash petition under section 482 cr.p.c. before high court seeking quash of charge sheet after the police is filing the charge sheet before the trial court.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You have to challenge the case in the court based on the documentary evidences in your side.

Before that it will be her burden to prove her case with substantial proofs, you can drill her with questions during cross examination wherein she may have no option than to accept the truth.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

You can lodge a counter complaint for her threats and forcing you to marry her or to give money as compensation, i.e., extortion.

You have to work out the strategies to fix her properly in the counter case.

The pressure by your counter criminal complaint should make her to come for a compromise and amicable settlement

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

hello

all chats and voice recordings are legally admissible in HC.her brothers testimony is admissible if either he had seen you raping her and she also states that in the statement before the magistrate.

yes, you can file a case for blackmailing you.

regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

File complaint of criminal defamation against wife under section 500 of IPC

2) also file petition in HC for quashing of FIR

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You have enough evidence which will prove your innocence, But until these proof are not presented before the court, no relief,

Charge sheet filed in the court , if yes than file application u/s 227 of CrPC for discharge on the basis of evidence ,you have.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer