Girl filed FIR under section 376
Me & My girlfriend were in a relationship for a year with the Mutual consent , we wanted to marry each other. i Met her parents but they denied for doing such things & threatened me and my family. So the Marriage decision has been changed from my side.
Now Girl File an FIR against me- ACT 376 only.
In FIR she mentioned the reason of file an FIR too late- Due to marriage denied from his side.
as she denied in before of the Magistrate, & booked the statement " that marriage already done from the temple but no legal prove(but no such marriage is happened). she was too upset that's why she file an FIR.
Now again she forcing me to marry , else you will arrested .& threatning me on daily basis.
during this she already visited my hometown thrice..
So please help & what is the solution in this ??
Asked 3 years ago in Criminal Law from indore, Madhya Pradesh
First obtain a bail and prepare yourself to challenge her case.
Since you were ready to marry her but it was her parents who opposed the same, you may very well state this before the police during inquiry/investigation session. You can also assure the girl that you are ready to marry her provided she withdraws her complaint, if she agrees for that you may file a petition before high court for quashing the FIR under section 482 c.p.c., in which she can be impleaded as a respondent and she endorses her no objection to the petition for quash.
After that you can get discharged from the case.
But No action has been taken by police, as the girl opposing the officer for not taking any action & she rigid to marry & i dont want to to marry,
She wants assurance that i would marry her & then she can withdraws case.
Her parents already met the officer & conveyed that "we are not ready for marriage & wants to cancel the FIR."
But Girl rigid on Marriage.
Its A Mutual relationship, so is 376 is viable??
Asked 3 years ago
The action by the police will be based on her complaint and how she wants to enforce it. If she is regid about marriage, you may atleast pretend to accept her demand to escape the wrath f lw for the present and after that can pressurise her parents to change her mind. What is that prevents you from not agreeing to her demand to marry her when you were ready to marry her earlier?
offence under 376 cannot be considered as consensual sex.
1. You should apply for bail to preempt the possibility of your arrest. Unless you have secured bail from the court police is at liberty to arrest you. Anticipatory bail is the only solution to remedy her threats.
2. In a consensual relationship rape charges cannot be filed. You will be able to enter defence to contest her case on merits.