• Section 376 & 506 logged FIR then section 164 CrPC statement and cancellation

Dear respected advocates,
 one of girl working with me in our company and she is my junior. she was already married and i also married and i have a child. i am so helping nature and i always helped her by money and other things, we bound in friendship and attraction with each other. sudden she taken divorce from her husband by mutual consent. they were not happy in their life. she said to me my husband has relation with some girl and she caught them at her home and she decided to divorce him. now after divorce she forcing me for making relation and demanding more money and blackmailing me , give me money and meet me at my room otherwise insult me and spoil my image in office and my hometown. i m local as per living here and she is from other city so she has no fear about her image because her husband and her parents left her and they didnt support her. i was decided and i clearely told her dont call and msg e and stop harssing us.i told all story to at my home and my wife. they are supporting me because i didnt any mistake, now finally she logged FIR in women cell as (shadi ka Jhansa deke mera divorce karya and mere sath rape karta rha aur ab mujhe marne ki dhamki de rha hai, aur isne mujhe apmi shadi k bare main nh batya type) section 376 and 506 , we make her understand do not do like this bad activities we have family do not spoil our image and family life. so she give 164 crpc statment in favour of me as i done FIR when i angry and i want to give final chance he has to meet me when she would be sattled. after some dayz of satement again she forcing me come at my room and meet me give money but now i didnt tolrate her and ignoring her. so now she is threataing me she stuck posters with bad cotnent and spoil social image in society, and again FIR file will be go in court for final cancellation and she will give statement front of magistrate and she will denied to last statement against me to harm me. then please guide me what can i do for this false case and i drop patition for Quashing in high court. what will happned and how can we overcome from this fake case,
Asked 5 months ago in Criminal Law from Gurgaon, Haryana
Religion: Hindu

If you have filed quashing then the HC will take the decision of quashing the fir or not. If no evidence is there it will be quashed

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

Hello sir , if the FIR has been registered , file an anticipatory bail to avoid fear of arrest .. After getting bail we an file quashing petiton in high court ... She will not be able to establish and false promise of marraige, therefore there is nothing to worry .. You can contact me at my office in GURGAON , for further assistance over your case .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
3923 Answers
17 Consultations

4.9 on 5.0

Hi, the deviation in her statement and NIL medical report is itself a ground for bail and gives a dent in th testimony of the complainant .. But it is essential to get bail and then file for quashing of FIR ..The bail shall be granted in a week and after which we can approach high court ...

Hemant Chaudhary
Advocate, Gurgaon
3923 Answers
17 Consultations

4.9 on 5.0

In India - i am sorry to say this but the best way is to get your lawyer to negotiate with the other party especially if the case is false. If the case is false, it is obvious the other party only wants to make money otherwise there would be no reason to file a case. Do not negotiate directly or make any call from your phone to the party, but ask your lawyer to negotiate and fix a price. In 95% cases, the lawyers will agree to a price and once the settlement is done, the other party (the girl) will make a statement turning hostile and the case will be dismissed.

Many maids make false rape case charges against their male bosses for getting money to the tune of Rs. 50,000/- to Rs. 5,00,000/-.

If the false case was filed for something else , say revenge or malice - then it is most likely that with all the court visits and hearings the victim will soon find it difficult. Your lawyer should manipulate the court clerk to fix hearings on dates which are difficult for her to attend and to keep her from 11 AM to 5 PM on those days.

If none of this work - then you have to confront evidence and argue in the court and hope the judge is fair minded person.

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

File a quash petition

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

You may apply for anticipatory bail. Contact for detailed opinion. My email id [deleted].

Shitanshu Kumar Gaur
Advocate, New Delhi
44 Answers

Not rated

It is already filed false FIR against you before and confessed before the magistrate in her statement under section 164 CRPC, these evidences can be used by you for your quashing proceedings under section 482 CRPC in High Court.

You can also file the counter FIR against her for criminal breach of trust criminal intimidation and extortion under section 406, 503 and 383 of the Indian Penal Code.

You can also sue her for criminal and civil defamation for maligning your image in front of everyone by way of filing false case against you and for sticking posters putting you in bad light.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

Sir firstly file a cross FIR on her for harassment extortion intimidation and defamation with all the evidence of trashing your image and further filing false cases provide police with her messages and other chats.

also file a quashing petition before the high court and get the FIR quashed based on her statement and affidavit and further the IO report and medical reports,

Yes she can change her statement and statement before police is not considered in court but the reference can be taken and further the IO can submit the report and there is no other evidence as such on the record.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

Also your cross FIR shall exert pressure on her and she shall come to a settlement and can agree for the consent quashing so in that case it shall be easy.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

1) don’t bow down to pressure tactics

2) let her file rape case

3) you did nt ha e physical relationship with her

3) no case of rape is made out

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

5) then based on legal advice file for discharge in trial court

6) quashing is done only in exceptional circumstances

Ajay Sethi
Advocate, Mumbai
54250 Answers
3256 Consultations

5.0 on 5.0

If IO finds false case is filed Police would file closure report in trial court

2) lady credibility is at stake . She is make inconsistent statements

Ajay Sethi
Advocate, Mumbai
54250 Answers
3256 Consultations

5.0 on 5.0

Obtain copy of her FIR cancellation request and her 164 statement

2) apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
54250 Answers
3256 Consultations

5.0 on 5.0

If she has filed fir and police calls you then first take Anticipatory bail. Then file quashing and try to quash the fir

Prashant Nayak
Advocate, MUMBAI
3404 Answers
2 Consultations

4.8 on 5.0

First u have to File Quash Petition

Mohammed Mujeeb
Advocate, Hyderabad
3200 Answers
2 Consultations

4.5 on 5.0

If you have a stay order against the girl and she is doing acts for maligning your reputation by way of Posters that put you in very bad light, you can file a contempt petition against her for disobeying the orders of the court, despite of the fact that such orders were shown to her by the police.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

You should take apply for anticipatory bail in session or high court. After that, you should apply for quashing of FIR and entire criminal proceedings against you based on the documentary evidences, where you have to prove that no prima facie case has been made against you.

Siddharth Jain
Advocate, New Delhi
2520 Answers
28 Consultations

5.0 on 5.0

First take bail and further file for quashing petition in high court. Sir you can pray before court to call record in quashing petition the high court can call IO and further can read the statement given by her before the police.

Further in the breach of order of defamation a contempt petition can be filed before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
9454 Answers
31 Consultations

5.0 on 5.0

You have to challenge her case in the trial proceedings, if the quash petition is dismissed.

The issues which she has alleged have to be proved, hence you may wait for her to step into the witness box, then you may interrogate her properly while cross examining her.

Your advocate may be instructed properly.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

how much time spend for final report and charge sheet and final statement for cancellation. so please suggest me when can i do and when will happen she will denied from last statement and its wrong as per law she is changing her statement again.

If she is trying to withdraw the case, it will be beneficial to you, however is she do not then you may challenge her in the trial court because it is a fact that she lied before police and court in this regard.

You allow her to do more similar mistakes which will be useful to you in support of your defence

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

she doesn't present in any date in this case that filed by me to stop her threatening me. now the day of again statement is close and she will denied her last statement that given by her front of lady magistrate, so its allowed she will change her statement again and trying to harm me again and pulling in court trial. i should take bail first then quashing in HC pls suggest till now i didn't get her certified FIR cancellation and 164 statement. my lawyer alwayz these report. what you say, what will happen in this case and how to takle.

You can take advantage of her contravening statements.

If she is not obeying court, then it can be considered as this is contempt of court and you can file a case against her in the same court.

T Kalaiselvan
Advocate, Vellore
44215 Answers
504 Consultations

5.0 on 5.0

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