• Quashing the FIR/Chargesheet U/S 376 & 493

Dear Sir,
FIR was lodge on 29-10-2013 us 376 & 493 by ex girl freind. Anticipatory Bail allowed against PR bond from Kolkata High court on 18th Dec 2013. The girl refuses the Medical examination. No Pregnancy case happened ever. Police got some document from a hotel where the Girl & Boy were spent 2-3 hours almost 3-4 tears back. The girl's age is 28. She is MA, BED. Lots of people knew about their love relation but there is no prove of intercourse except that hotel incident.Till the date Charge sheet not yet filled by the IO. In the mean time IO has changed in the month of Dec 2013.

Is there any good chance for quashing the FIR? 
Or we should wait till the chargesheet to quash the same?
Or should we face the trail?

Kindly Suggest..............
Br,
A Mukherjee
Asked 2 years ago in Criminal Law from Kolkata, West Bengal
Since the girl refused to undergo medical examination there is no case left against the accused. The accused should immediately move for quashing. There is no need to wait till the chargesheet.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1. DO not worry, the courts have off late become matures enough to hold consensual sex not amounting to rpe even if done on promise of marriage.

2. Your FIR needs to be perused whether there is allegations of exercise of force is there or it is done on promise of marriage.
3. For quashing medical test whether done or not is of no help. 

4, As far as Calcutta high court is concerned, do wait till submission of charge sheet. At FIR stage the court has long history of not intervening at all in quashing cases.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
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After the Nirbhaya case the rape laws have been amended. At FIR stage usually courts will not interfere in entertaining quashing for offence under section 376 of IPC. It is better you wait till the filing of charge sheet. Thereafter if you have got very good grounds you can take a chance in the High Court.
Md. Zulfikhar Ahamed
Advocate, Bangalore
5 Answers
0 Consultations
Not rated
After the Nirbhaya case the rape laws have been amended. At FIR stage usually courts will not interfere in entertaining quashing for offence under section 376 of IPC. It is better you wait till the filing of charge sheet. Thereafter if you have got very good grounds you can take a chance in the High Court.
Md. Zulfikhar Ahamed
Advocate, Bangalore
5 Answers
0 Consultations
Not rated
Wait till the Charge Sheet is filed to file your quash petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
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wait for chargesheet if  FR is filed by police no need to do anything
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Hi,
 you can file the FIR after the charge sheet, if the medical examination has not been conducted ,police  will not be able to present anything helpful to their case .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
Quashing petition will not be beneficial, it will be better to fight the case on merit.
Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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Don't go far quashin of fir at this stage. In the absence of medical exam you can argue at the charge stage to delete 376.
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0

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