• False case registered under section 376

Myself Accused -Ravi Malhotra, Age 28.
Complainant.      - Puja Sharma, Age. 30

I am a engineer by profession currently posted in central government department. I met a girl name Puja in Delhi around 2 years ago in 2013. The girl was of call-girl type and was with in contact with one of my friend who was working with me. He used to go to her house for fun and frolic. I went for first time and had a physical relation with her and I gave a certain amount as asked. After that I usually meet that girl after 3 to 4 months. She went with me outstation and stayed with me in the hotels Nd for that she was charging money for every visit. Now after a year the demand of money was increased and she regularly used to threatened me of coming to your hometown and destroy ur life as you are a government servant. Depending on the situation I had deposited money in her account time to time to get rid from her. But she used to call me in late night and threatened me if doing suicide and police complain against me as she was having photographs and hotel bills with her. Finally I made myself strong and decided not to talk to her. I left every connection with her In January2015. She usually tried to call me thereafter but I never receive the call.

On May 2015 she lodged a FIR against me under section 376 complaining that I came to her house in july 2013 and made physical relation by force  with her. At that time nobody was at home , in the morning when her sister came I apolized to her and promised that I will marry her. I went to home thereafter and I usually talk to her on telephone. I again visited  Delhi and she went to outstation with me as I have promised her that I will marry.the same thing has been repetitive written three times mentioning goa, shimla, Calcutta places. The FIR is fully based on beach of promise of marriage and sexual relation.

When I came to know I was shattered . My office life my personal life everything was just messed up and I was having no way out.After lodging FIR the girl went to my head office and mare hungama over there. I called my friend but I came to know that he is also involved and helped her lodging a FIR .

I applied for anticipatory bail and got it in the first attempt. The enquiry is going on from police station a charge sheet has not been filed yet. I just wanted to ask few questions:
1. Is there any way to settle outside court, if girl gets ready for giving a statement of lodging a false FIR. What will be the positive and. Negative impacts on both the parties? If not, what are the other options.
2. What are the options and possibilities have to quash the FIR?
3. How much time will be taken and what is the possibility for me to get outside of all these circumstances.
4.Whether my whole life will be spoiled?

Kindly help.
Asked 1 year ago in Criminal Law from Jamnagar, Gujarat
Religion: Hindu
1. The rape case can in no way be comprised and hence no quashing can be allowed in high court.
2. Only way to make settlement is to face the whole trial wherein the girl would testify in your favour as a result of which you would be acquitted of charges.
3. Such statements is to be given in trail only and that too after submission of charge sheet and after framing of charge.
4. She can give statement before submission of charge sheet nut unless the Police gives Closure/Final report you will  have to face trial.
5. Since supreme court prohibits compromise in rape cases the FIR or even Charge Sheet can in n event be quashed even on mutual consent.
6. If you are acquitted your professional life would not be spoil but I can not comment on your personal life since I have no knowledge of this.
Good luck.
You are grown up enough to take matured decisions . So you must have learnt a lesson of the the price which is to be paid in leading a life of wanton ' fun and frolic'.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. You sought sexual gratification from her, and therefore committed an offence. Furthermore, you created evidence against yourself by making a bank transfer to her account.

2. You are fortunate to have obtained bail as in such cases bail is normally denied. However, this does not affect the merits of the case. The case can be settled outside the court, but the girl will never agree to make a statement that FIR lodged by her is false as this will expose her to criminal charges.

3. You can seek quashing of the FIR if there is merit in it. Whether or not it has any merit can be known only after a threadbare perusal of FIR.

4. Your life will not be spoiled if you are exonerated by the court.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Actually asper latest supreme court judgement compromise on such cases are not to be allowed hence there is no question of compromise or quashing the case.
Since you have evidences for having sent money through bank, you may challenge her during trial and get acquitted.  Let the case run for years, what is your botheration?
You may give a fight back in the court, the case will not sustain. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Dear Querist
my opinion on your queries are as under:

1. Is there any way to settle outside court, if girl gets ready for giving a statement of lodging a false FIR. What will be the positive and. Negative impacts on both the parties? If not, what are the other options.
Opinion: Yes it may be possible, settled the matter amicably with her before mediation or counselor and file a quashing petition before the high court.

2. What are the options and possibilities have to quash the FIR?
Opinion: On the basis of compromise the quashing may be finished.

3. How much time will be taken and what is the possibility for me to get outside of all these circumstances.
Opinion: minimum 1 month to three months.

4.Whether my whole life will be spoiled?
Opinion: Its depend on you.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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