• False rape case

I met a girl and we fall in love each other. She told me that she is from genral cast and i am from st 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 for marriage. 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. In charge sheet they mention that i have edited photos of my wife and started blackmailing her. After it i kidnep her to delhi in unknown place and raped her. It is mention. As her father came to know about marriage he took my mobile and send some massages to himself and complained after 3 days. This wrong is happened with me but i have all chat which the girl blackmailing me for marriage. Sending me picture of poision by saying that stay with me otherwise i will die.after blackmailed 1 month we got married in arya samaj. I am 22 years and she is 24 year. I am diploma only and she is m.com done. I spend 99 days in jail after being blackmailed. in charge sheet there is 18 witness there family member and police only. I have all chat of blackmailing can i file a case on her. I got bail on 31st may.
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

As you you have documentary evidence to support that false case has been lodged against you, the first course of action should be to file a petition under section 482 CrPC for quashing of FIR and entire criminal proceedings against you on the basis of documentary evidences that you have.

You can also file a counter FIR against the girl and her family criminal breach of trust, cheating ,extortion and criminal intimidation under section 406, 420, 383 and 503 of the Indian Penal Code.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

hello

sir, I think if I am not mistaken you posted a question a few days back and I told you the course of action you will have to take. you should file a petition for FIR quashing and in case the charge sheet is filed then an application for quashing of the charge sheet should be filed.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Sir first of all file an application for re investigation then when the court allows it provide IO with all the evidence copy or further if not then you can seek direction from high court for reinvestigation as your side of the evidence are not considered.

Furter when the charge sheet is again made and file an discharge application before the trial court as you both are married and it does not amount to any rape.

Alternate option can be settle the dispute with the girl and file consent quashing before the high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further after the evidence are on record and based on the evidence a Quashing petition can be preferred but first avail the alternate remedy of the discharge as court can dismiss quashing on ground that alternative remedy is available.

A cross FIR on the girl can be filed for cheating breach of trust.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. I am appalled to know that even though you were married and having proof it how could you manage to languish in jail for so many days. Had you produced the marriage certificate should have been released within days. Your case was handled pathetically.

2. Now apply fro quashing for the case as a married man can not guilty of raping his own wife.

3. If quashing fails then apply for investigation of the case through another investigating agency for which you need to file petition before the high court only.

4. f you have not received the copy of charge sheet then first file quashing and then for re investigation.

5. Engage some good advocate Your previous advocate have messed up with your case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

File case of criminal defamation against your wife , her father under section 500 of IPC

2) also file civil suit for damages forbmalibging your reputation

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Who is your advocate in Jaipur. I think i have already advised you.

You could have file case, but at present rape case against you, so those chat will be your best defense, keep it intact and provide hard copy of those chats to IO.

Better file writ in High Court for quashing of FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a criminal case against her father and the girl on the basis of all the evidences collected by you, however I doubt the cops will register a case since they have already been bribed by the father. Hence if they don't, then move to the court requesting to register an FIR against them. Once you have done this, you can move to the High Court and on the basis of all the evidences you can seek quashing of the FIR registered against you.

Remember to keep a backup of all the chats.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

yes you can file u/s 503 506

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

File complaint under provisions of SC/ST act against fatherfor abusing you on basis of your caste

File complaint before local police station

If Police refuses to lodge FIR file complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You can file your complaint to the concern police station .If they do not entertain,you can give in written to the higher official . If nobody take any cognizance,you can complain to the court concern u/s156(3) cr.p,c. Keep all the proof of giving the complaints with you i.e. wherever you give your complaint,send a registered post too and keep the receipt with you with the copy of the same . Although the states and central sc/st commisons can also takes cognizance on your complaint .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

If they are racially abusing you then you can lodge complaint against her father under Scheduled castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989 .

If you do then FIR would be registered and they would not get bail easily as there is no scope for anticipatory bail in this provision.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can file a case against her father and the girl under provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act) for abusing you in the name of your caste. Its a serious offence and if the police refuses to register an FIR, then you can move to the court and file an application under section 156(3) of CrPC for directions to the police to register an FIR. There are further provisions under IPC for the offences of cheating, malicious prosecution, threats that can be filed against them.

Once an FIR is registered it will give a leverage to either settle the matter with them or continue your case, depending in what you want.

Shailesh Poddar
Advocate, Delhi
48 Answers

5.0 on 5.0

Since you have proof for marrying her, the rape offence will not remain.

For other charges you can challenge them in trial proceedings properly on merits and with the support of documentary evidences.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You don't produce the call records as evidence before police, they may not cooperate and you may not get justice.

You can make her admit it during cross examination.

You consult with your lawyer about it.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Sir first of fall for the caste part you can complaint before the National commission of the schedule caste and schedule tribe further for if there is any irregularity in investigation you can file an application before the court under Crpc for re investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

file FIR for using caste related word under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file a private complaint under section 500 IPC before the concernd judicial magistrate court

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firstly, you have to give a written complaint to the police. If they fail to register FIR against the concerned person, you will have to give a complaint through post to senior officials of police under section 154 (3) CRPC.

However, if the senior officials of the police also file to register the FIR and order investigation ,you can approach magistrate under section 156 (3) CrPC or Institute of private complaint under section 200 CrPC against the girl and his family members.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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