Hello , will try to summarize - My marriage was fixed with a girl. got engaged in October-20. I am personally against money wastage in marriages so requested girl's family to do marriage in simple way or in temple as they are not that financially strong but they wished to do it little better as it was last marriage in their family. after engagement and before marraige date, girl confirmed and accepted her 12 year long relationship with her brother in law. and tried to convince me that she will not continue that relationship after marriage, which I didn't trust and broke the marriage. then a week later some people from her family came to ,my home and demanded 6 lakh Rupees as expense of marriage, we denied to pay as there was no such expenses done, we didn't demand a single penny from girl's family. then they warned us that they will file a 376 case against me to recover their money. I didin't took it seriously, but now two months after all this incidents, girl's father had lodged FIR against me and my parents, under 376, 420, and couple of more sections. I have call recordings where girl had accepted the physical relationship with her brother in law, and also marriage discussions where we didn't demanded any money and told them to spend only according to their convenience and budget. I also have recording of discussion with their family member, regarding good that were exchanged on engagement. What should I do to save myself and my family and carrier in this case?
A petition for fir quashing must be filed immediately in the high court so that you may get relief. An anticipatory bail application should also be filed before the fir quashing petition, so that the police doesn't arrest you.
The recordings and the other evidence are admissible under the evidence act.
Dear sir,
Sorry to hear what you have been through by exploiters of women-centric laws.
Please with those recordings and the help of an advocate, file an FIR quash petition in the High Court under the grounds that it is false and that you proofs of the same and that there is not even an iota of truth to the allegations in the FIR and they have been done with a mala-fide intention.
Police would issue you notice to record your statement
furnish transcripts of audio recordings that marriage was called off because of her relationship with BIL
no dowry was demanded
apply for and obtain Anticipatory bail from sessions court
physical relationship with her brother in law is immaterial however it is valid ground to call off marriage.
Hope the exchanged goods were returned.
she herself told abt relationship with brother in law then maybe she wanted you to break marriage which you did.
you should have taken warning seriously.
now as the FIR is already lodged, police will call for instigation by sending notice.
You can take anticipatory bail. After that you can show the evidence to police.
Also, If documentary evidence is there then you can approach HC for quashing and/or interim relief.
IPC 376: Whoever, commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
You have stated that the marriage proposal was cancelled but the criminal complaint is about rape offence against you and others, hence you may throw some light on this.
Were you in relationship with the girl after engagement before cancelling the marriage, i.e., whether you both were involved physically?
Well, You may first obtain anticipatory bail and then challenge the false case before the trial proceedings on merits.
Please do understand the following things;
When a crime is happened the police will prepared FIR (a written document - a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf ). Even a telephonic message can be treated as an FIR.
An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case. The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973.
The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on. If the criminals are found, the police will make arrests.
Once the investigation has been concluded the police will record all their findings and file charge sheet before the concerned magistrate under sction 173(2) CrPC. If it is deemed that there is enough proof on the charge sheet the case goes to court. On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.
There can be no action for breach of promise unless a contract to marry has been made. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman. In modern times there have been instances of successful actions by men.
The Madras High Court bench in November 2012 said that rape as under IPC section 376 does not include the indulgence in consensual sex with a woman under false marriage promise within its fold but cheating as defined under IPC section 417 is a punishable offence under the said act.
Distinguishing consensual sex and rape in May 2013, the Supreme Court held that having consensual sexual intercourse with a woman, with the will of marrying her, cannot be regarded as the commission of rape by that man, even if they do not marry afterwards.
So in your case file an anticipatory bail application before sessions court / high court.
Then approach the high court for quashing FIR. If the high court refuses to do so then face the trial proceedings on merits.
Hello,
I have call recordings where girl had accepted the physical relationship with her brother in law, and also marriage discussions where we didn't demanded any money and told them to spend only according to their convenience and budget. I also have recording of discussion with their family member, regarding good that were exchanged on engagement.
i would like to know how were you recording all these conversations? did you apprehend that the girl's family would be making this demand?
normally a party does not record the conversations unless there is some suspicion in the mind of that party
1. Did you have any physical relationship with the said girl?
2. If yes, then is there any record by which she can p[rove that you have had physical relationship with her?
3. Does she has any evidence top prove that you had sought physical relationship from her against the offer to marry her?
4. If answer to the above queries are in negative, then no charge of rape can be brought against you.
5. However, avail anticipatory bail from the Court at the earliest and thereafter contest the case fittingly.
you can go for quashing of the FIR before High court and get the FIR quashed
- As per section 65 of Indian Contract Act, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it.
- Further as per section 73, when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him.
- Further, the party who broke the contract due to mistakes of other party will have also bear the consequences for breaching the contract as well.
- Further, breach of promise to marry also attracts an offence of cheating under S. 415 of the Indian Penal Code, if the intention was not to marry at the time of engagement.
- Since, you have broke the engagement due to her relationship , hence you are not responsible for the same , and the bride family will have to prove the existence of promise of marry, and also the incident of sex with you.
- Further, your intention was very much to marry with that girl and not to cheat the bride family , by this way you have not committed any offence legally.
- Better to just return the gift , ring etc. received at the time of engagement immediately , and further you are not responsible to pay the cost of engagement legally.
- Further, as you have call recording with you , then you can produce the same at the time of investigation of the case .
You can contact me , if detailed suggestion needed.
Approach the competent High Court and seek quashing of this FIR.
It appears to be a good case, take your chance.
Dear Sir
Directly approach High court under section 482 0f CRPC for quashing and HC may save your marriage also.
Hi
It appears upon cancellation of marriage proposal, the girl's parents are resorting to filing false cases under Non bailable sections (section376IPC and 420 IPC).
Not sure , whether the complaint is arrayed against you and your parents.
Both are serious offences, and we strongly recommend that you
a) File a 482 Cr.p.c application for quashing of case and
b) Also keep a lawyer handy in case bail is required.
Since these are serious offences, it is suggested that you move the court and obtain legal remedies without waiting for police.
In law, police are not supposed to look in to whether the compliant is true or false and it is the courts alone which can quash/dismiss the complaint. So, please do contact a lawyer immediately and take steps as the offences mentioned in complaint are quite serious.
No offence under Section 420 can be made out on refusal to marry. So far as Section 376 is concerned, it is not easy to prove the same without medical examination. In your case as you have call records, it can be proved that the case of rape is an attempt at extortion. Produce all electronic evidence in Court that will save you great deal of harassment. Lodging FIR after lapse of two months that too in rape case demolishes their case. It is an after thought to settle scores with you family. Court will take notice of that.
The first thing that you need to do is to file for anticipatory bail in the provisions of section 438 of the code of criminal procedure in order to avoid any arrest. Once the anticipatory bail has been granted in your favour, you can participate in the investigation of the said FIR through your lawyer and can give your statements as well as evidence in your favour to the investigating officer handling the case.
For any other assistance, feel free to call.
Dear Sir,
1. You can apply for anticipatory bail
2. Once the charge sheet is filed, before the recording of please file for a discharge application.
3. If it is allowed, you will be acquitted. If not, you can challenge the order in the appellate court.
