What is age of girl ?
2) if she is an adult she can in her statement to police mention she left home with the boy on her own accord
3) that she was not kidnapped by the couple
4) police will after investigations close case against couple
Kidnapping
A couple is facing kidnapping case where they are not kidnapped any one one one man file case against them that they kidnapped my daughter. but actually his daughter was in affair with one boy he and that boy escape from city and hide themselves unfortunately the boy is cousin of charged couple ? how to defense this case
Asked 4 years ago in Criminal Law
Religion: Muslim
18 Answers
Dear Concern,
Please note -
01. First among all, a person who is a stranger to the entire incident cannot be implicated in the case for any reason whatsoever. First and foremost thing which you should do is to file an application of Anticipatory Bail (if you have not been arrested) or Bail (if you have been arrested and have been sent in Judicial Custody) for yourself and for your other family members. Get that from the court after paying the Bond amount.
02. Come out of the jail or be free from the clutches of fear of getting arrested and then meet an advocate of your choice detail him/ her everything right from the beginning till the end and explain as to how you are not related to the case. He will file reply from your side in the pending case and will also file application under section 397 of the CrPC before the Session Judge to get the orders of you and your family members being implicated in this case.
03. If the order under section 397 do not comes in your favour then move ahead before the High Court under section 482 of the CrPC to get the registered FIR quashed in against you and the other family member who have nothing to do with the case. For sure you will get the relief from the court under 482 of the CrPC if not 397 of the CrPC.
My best wishes to you.
Is this case is in UAE or India. If the girl is above 18 years age than you can defend yourselves.
By telling girl run away with boy and married that boy is too has affair with her.
Once this is prove you can file defamation case against them.
But first try to get Boy n girl details like age, when they last meet with you, what is purpose behind other party to claim you like this allegations etc etc .
1. IF it can be proven that daughter was of major age (18 years) and that she eloped with the boy on her own free will, THEN the "kidnapping charge" will NOT sustain in court and the case would be dismissed. Try to obtain photographs, letters, friends statement, etc.... to prove that the Girl was in affair with boy and ran away on her own free will.
2. Mere statement of daughters father that she has been kidnapped is legally NOT sufficient in any manner at all in criminal cases.
3. The "kidnapping" component is not possible, UNTIL, the Girl herself states that she was kidnapped by you or the boy. As time goes by and the Girl is not traced for her statement, the case will keep getting weaker and the law would presume that all these days the girl voluntarily was staying with the boy. Hence kidnapping offence is not sustainable.
1. If FIR has been lodged then they should firstly apply for anticipatory bail.
2. After bail is obtained then depending on the allegations enshrined in the FIR they may either file a petition for quashing of FIR or face trial in the trial court.
Consult a lawyer with a copy of FIR.
1. Well eloping with a girl is no crime unless the girl is a minor.
2. So in this case this must be a child marriage without the consent of parents of the girl.
3. In such cases kidnapping charges are very common.
4. Now if FIR is registered then they can apply for bail and considering the charges they should get anticipatory bail.
5. After the anticipatory bail the case would die soon and after sometime the case is expected to be compromised.
You need to take statement of that girl who was in affair and bring before the court the same. If court will feel that the same is a false case it will dismiss the same
Firstly check the age of the Girl, if she attained age of Majority then filing of case against them is futile effort.
If case is filed, on enquiry if the girl says that she left with the boy with her free will and consent, the police will close the case.
If FIR is registered, then it has to be quashed before court after enquiry.
1) What's the stage of the case? Has chargesheet been filed? Have you sought anticipatory bail?
2) you must appoint a counsel (Advocate) immediately. I'm prepared to defend you in this and get you discharged/acquitted.
3) you have to avail of the phone consultation service here in kanoon to speak to me and fix an appointment with me
See if the person was not involved in kidnapping and there is no link established or the girl admit she willingly went with the boy then in that case the case can be contested on this ground.
Further kindly let us know at what stage the case is, and is chargesheet filed or not.
You need to file a writ petition in High court in this regard to quash the FIR under section 482 crpc.
It is not clear in the question that what is stage of the case however the remedy is available only in the High Court direction.
What is the role of couple in eloping the girl and boy. If girl is above 18 years, she can choose guy to marry as per her choice.
Inform the IO either couple don't have any knowledge except girl and boy were in relationship and wanted to marry and girl father was oppose to it, so they may have run away. And couple have no involvement in it.
1. a defense advise can be given after having an intense look into the FIR,
2. share copy of FIR and relevant facts to het proper advise,
May be you have already posted this question. Apply for anticipatory bail and file a petition for fir quashing and charge sheet quashing.
The couple can provide evidence that couple Was having love affair and they have nothing to do with their escape from city.
you have many ways to protect your from the false allegations & as well as you have taken steps against the party /parties for false allegations against you..
You may have to produce the evidences to defend your interests in order to escape the liability especially if there is a complaint lodged against you.
The laws in UAE are stringent hence better handle it carefully.
Why should he give a complaint against you if you're not involved in this crime
You gather evidences about the relationship of the boy and the girl who eloped their house and produce the same before police to get yourself relieved.
1. First of all they shall have to avail anticipatory bal if any FIR has been registered against them.
2. Thereafter they shall have to contest the case fittingly.
