• My wife filed a complaint against me that intercourse without her wish and police registered 376

I logged a complaint against my wife that she hide her previous marriages she married with four time and every time she lodged a fake complaints against all previous husband's and she separated in a short period and on separation she demand huge amount from all previous husband's and if they denied she lodged fake complaints in Police stations and in Mahila mandal.or in any govt. Department till date she lodged complaints against 20 peoples in different police station and in varioy departments.. and when I came to know the history I lodged a complaint against my wife as she demanded me 50 lacs and a house for separation or for Tallak otherwise I will be murdered by goons so take the matter to police and FIR registered against her under 420,34.387,294,170,506. On 4.05.2019..and after that she take addinterim bail and after that she lodged fake complaints against me that forcefully intercourse without her wish and FIR booked under 376 and 498..on 17.05.2019 and since 10.04.2019 we are leaving separate and not meet so how it is possible...
Please guide me how can I will remove safely from this matter
Regards
Asked 5 years ago in Criminal Law
Religion: Muslim

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18 Answers

Sir firstly file a petition before high court seeking stay on matter and quashing of FIR. You may  pray before high court to pass an order of no-coercive action so that to avoid arrest and harassment during the investigation process. 

Further the marital rape is not criminalised in India so the charges itself hold no ground even we presume them to be true.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

See once the FIR is quashed then you may file a defamation case seeking huge compensation for loss of reputation and criminal complaint for defamation for too. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Since it is false complaint you do not have to worry if you have documentary evidence to prove that you have been living separately away from her especially on the alleged date of the so called alleged rape incidence.

 

Her bail application itself is an evidence to prove that you have been living separately on the said dates.

 

You can discuss with your advocate and challenge her false claims strongly 

 

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

If she has published false and defamatory information about you in the newspaper, you may file a criminal defamation case agaisnt her under section 500 IPC and also for compensation under civil law .

If you would like to quash FIR then you may have to gather substantial evidence to prove her complaints as false and file a petition under section 482 cr.p.c. before high court.

 

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

Though the complaints under various section given by you are non-bailable, she may get regular bail after a period of time, however you may file an intervene petition to record your objection to grant of regular bail.

 

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

In vacation bench you can file your matter along affidavit citing the urgency it will entertain contact local high court advocate he shall help you with same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

The vacation courts do entertain cases of urgent nature in high courts also

T Kalaiselvan
Advocate, Vellore
86908 Answers
2330 Consultations

In India there is no section which criminalises rape by a husband against wife. So you can move for quashing of the same to High court.  You can also file counter FIR for false prosecution by her

Prashant Nayak
Advocate, Mumbai
32359 Answers
199 Consultations

Immediately approach the HC and file a petition for quashing of the FIR 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

you will have to file a writ before the HC on the ground that the complaint has been filed to wreak vengeance and as a counterblast, and as such the same may be quashed. 

Rely on the judgment of the Bhajanlal 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Need to review the copy of the FIR. Legal positions cannot be answered without complete facts. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

No case of rape can be filed against husband 

 

2) file  petition in HC for quashing of FIR 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

You can file complaint against wife for defamation under section 500 of IPC before the magistrate 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

you can file petition in HC for quashing after summer vacations 

 

 

 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

In respect of case filed by you wife can apply for Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
96707 Answers
7795 Consultations

  1. First of there's no offence of marital rape in Indian criminal jurisprudence. So your defence should be on this line. 
  2. By 1), it follows that you are a victim of malicious prosecution. So you must file a suit to claim compensation for it, after your defence in rape is successful and you get acquitted. 
  3. You will require and should seek services of a competent counsel for both; to defend you in court in rape, and then in the suit for malicious prosecution. I have been handling such matters successfully since more than a decade or so. I'm competent and prepared to see to it that justice is done and you get adequate relief for all the troubles you have gone through all along. 
  4. I require an exhaustive consultation with you at my office first.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1570 Answers
5 Consultations

Am not getting how come , court grans ted her bail. Approach HC, for interim protection and quash of FIR. If you have marriage proof, there`s no marital rape in IPC. 

Once FIR will quash than can file defamation case.

 IPC 420,34,387,294,170,506 is bailable --- NO. 

Court will entertain urgent matter.

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

Dear Client

you don't have to worry as she has filed a false police complaint to counter your case to make you back off from your stand of making the FIR and take your complain back.

My suggestion is that you should collect all the previous FIR she has filed against all the people she Implemented in False complaint to extort money from them. to prove that it is her Business to extort money by accusing people of false cases.

For that you have to give an application Under RTI act 2005 for obtaining the copies of FIR filed by ________ as complainant.

then you should file for Quashing of FIR in High  Court on basis of these records under section 482 of CrPC.

this will be the best approach to defend you in case of Section 376, 498 IPC and you can easily get bail from session court.

The section under which you have complaint against her are non bailable.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

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