You should get anticipatory bail from sessions court 

2) quashing is to be done only in exceptional circumstances 

3) HC is reluctant to quash fir pending completion of investigations 

4) you can file complaint of criminal defamation against your ex fiancée under section 500 of IPC 

You need to take anticipatory bail first. Later contest the case on merits or go for quashing application

Anticipatory bail in the Sessions Court and if denied (which generally is granted in 99% cases) approach High Court and soon file quashing petition under section 482 Crpc.

You can file defamation against her and family in criminal court and send them to jail and file civil suit for damages, case under Section 193 for malicious prosecution. But all these only after you get a clear acquittal from trial Court and appellate Court. it is five months since the bail application is pending, it means that police is not interested in arresting you. Unless there is legal defect in complaints to police FIRs quash is not allowed. So far as filing cases against them, any case filed now will be treated as retaliatory and will not have much weight. It is better to fight all cases and win after that proceed in civil and criminal defamation and malicious procedure .

File a criminal complaint against her and her family of threatening and abusing you and your family. Also expedite the anticipatory bail application process. What is the delay? Anticipatory bail is generally granted.

Moreover fir quashing should also be pursued.

As you have already engaged a lawyer to defend you, it is better to go by his advice. It is not clear why your advance bail application is delayed. Please request your advocate to expedite bail and quashing of FIR matters. The evidence you have in your possession is good enough. Keep your cool and handle the case calmly. If you have not done anything wrong legally, you need not worry.

You have option to file a case against the girl and her family. The same time contest the false case , Due to the pandamic situations the courts are not working properly so the delay is occurred  anticipatory bail will allow soon. Please do understand that , 

Pre-arrest bail could be denied if the court came to a conclusion that the a prima facie case was made out against the accused as per the FIR.

The law of defamation is supposed to protect people's reputations from unfair attack. In practice its main effect is to hinder free speech and protect powerful people from scrutiny. Defamation is all about reputation, and in particular about statements which damage others' reputations.In the case of defamation you will send a legal notice .

The Supreme Court has recently ruled that the High Courts can quash an FIR against a person if it did not prima facie disclose any offence. if upon the admitted facts and the documents relied upon by the complainant or the prosecution and without weighing or sifting evidence, no case is made out, the criminal proceedings instituted against the accused are required to be dropped or quashed", the bench said. Where the allegations in the FIR or the complaint or the accompanying documents taken at their face value, do not constitute the offence alleged, the person proceeded against in such a frivolous criminal litigation has to be saved.

Mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding. High Court is empowered to quash a criminal proceeding where it is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. The Courts are also empowered to quash in case where the allegations in the FIR even if taken at their face value do not satisfy the ingredients of offence complained therein.

There is no silver bullet to prevent you from being a victim of false allegations of abuse. The threat will continue to exist so long as the present definitions of abuse and legal standards of proof remain in place without additional procedural protections. As a result, it is extremely important to be vigilant for the warning signs that allegations of abuse may be made and, if they are made, being aggressively proactivein contesting them.

Did the bail got rejected?

On what grounds?

If not rejected what is the stage?

Regards 

G.RAJAGANAPATHY 

High Court of Madras 

Hi, first you need to obtain anticipatory bail from the Court. Once you get the anticipatory bail  then you  can file a Petition before the Hon'ble High Court for quashing. Filling a counter case against girl and her family will not help you and that  to after 1 and half year.

If your  advocate is not able to get the anticipatory bail, yo may better change the lawyer and apply for anticipatory bail through a different lawyer who will be able to get it immediately.

Filing a defamation case against them is not advisable because they have made the allegations against you people, therefore you may have to first prove that you are innocent of the charges leveled against you after which you can plan any another counter case against them.

Further it is also not advisable to file a quash petition to quash FIR becasue high courts generally do not entertain FIR quash petition, you may have to challenge the false case in the trail proceedings only or wait for the charge sheet to be filed by police after which you can approach high court with a quash petition to quash the charge sheet.  

1. this is a fit case for quashing under s.482 of the CrPC

2. if your petition is allowed by High Court then you can file a suit against the girl and her family for initiating malicious prosecution against you and also seek damages for defaming you 

3. before the above suit you can even now file a criminal complaint against the girl for defamation and criminal intimidation

Dear Sir,

kindly institute criminal defamation u/s 499 of IPC and claim damages for the mental agony and cruelty that you and your family suffered from her misconduct. Kindly inculcate all the evidence in relation to the defamation, it will help you make a strong case. 

Thank you

First get the AB and then think of quashing the case. Plus later on you can file defamation case against her whole family.

Hey,

You should get an anticipatory bail first immediately other than that you can seek quashing of the FIR but with investigation still pending, the courts are reluctant and you would have to really show to the court it was done out f malice and lack of evidence to that end won't help your case. 

Other than that, you can file criminal and civil defamation case on your former fiance and seek damages to that effect for loss of reputation. 

You have to comply with court orders . You will have to sign in daily for 2 weeks 

in alternative file appeal against order to seek modification of terms and conditions of anticipatory bail 

Please obtain  a copy of the advance bail order from your lawyer and read the conditions thoroughly. As only you have got the AB, it is not necessary for the other members of your family to be present at the police station and mark their attendance daily. If there is a condition for you to do so, please request your lawyer to file a petition to the court to relax this condition citing the practical difficulties faced by you.

First of all read the condition of the Anticipatory Bail carefully, you all have to go and sign in the police station once in a month or day to day basis. 

But in either of the cases (monthly or day to day basis), you can file application for modification of condition before the same court stating all the medical reasons. Court would modify the condition (happens in almost all cases) if not granted then High Court would modify 110% the condition of monthy or day to day basis signature and would assign your nearest police station to carry out the exercise. 

Thanks

dear sir,

As per the court mandate, you need to comply with the court order and put down your signature. Also sir, you can approach the court for making some relaxation in the terms and conditions of the AB.

Thank you

To challenge in the Higher Court or obey the AB order.

There is one way but its not legal.

 In the legal process all these things have to be endured.

You will become accustomed to such things gradually when you start attending the trial proceedings in the trial court.

The conditions imposed by court for granting bail has to be complied with or else the bail may be cancelled and the police may remand you into judicial custody once the bail is cancelled.

Whatever you have to say can be expressed during trial proceedings only, the police will not listen to any statement expressing your innocence.

Please do not rush to file quash petition now itself, you may wait for the police to file the charge sheet after which you can file the quash petition before high court. 

You can give me all the details in order to guide you appropriately. As per above details on quashing application is maintainable along with countering the false cases already filed by her. If you need any further assistance then you can approach me through kaanoon or LinkedIn.

 - 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 the breach of promise by the bride family , hence you are not responsible for the same , and the bride family will have to prove the existence of promise of marry. 

- 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. 

- Hence, you can approach the High Court for quashing the case filed by her .

Hi, you can file a petition in the same court for relaxation of the Bail Conditions and for the quashing of the FIR you can file a Petition in the High Court for quashing  the FIR. Expect you and your father and mother rest of them names may be quashed in the FIR.