• False case registered against me by Murthal Police Station under section 342, 354 A, and 506 of IPC

On 08-Sep-2023, with mutual consent I spent a night with a lady at a hotel in Murthal and had consensual sex. On 10-Sep-23, a gentleman claiming to be her husband met me and insisted that I should get married to the mentioned lady. Soon after, I filed a compliant on National Crime reporting portal and on 14-Sep-23 to the Deputy Commissioner of Police - East Sonipat. On the night 23-Sep-23, I received multiple phone calls from associates of the mentioned lady - some were from international dialing codes. I disconnected every call, and filed another complaint on National Crime reporting portal. First week of Oct- 23, I received a note from Murthal Police Station in hindi which said MUKADAMA NUMBER 327 dated 03-Oct-23 under section 342, 354 A and 506 IPC and notice under section 41 A IPC. This is on the basis of the complaint made against me by the mentioned lady. 13-Oct-23, I submitted my plea of innocence to the Commissioner of Police – Sonipat and Deputy commissioner of Police – East, Sonipat. The Commissioner of Police Sonipat opined to cancel the MUKADAMA. I submitted my please of innocence to Assistant Commissioner of Police – Murthal Police station on 18-Oct-23. On 3-Nov-23, at Murthal Police station I was asked to sign on few documents, which was in Hindi and I hardly understood anything. The investigating officer did tell me that they were closing the MUKADAMA. I was uncomfortable signing the documents so also getting myself photographed. 19-Nov-23, I filed an update to the two complaints filed on National Crime Reporting Portal. As on date the status of the 3 cyber complaints ssyas under process by the police. Now I am told by Murthal Police Station that on 03-Nov-23 they had released me on temporary bail and they want me to appear in the court of permanent bail. I am truly innocent and not guilty in the mentioned notice / case registered by Murthal Police Station. On 08-Jan-23, I once again submitted my please of innocence to Commissioner of Polics – Sonipat. But still I am being asked to come to the court for getting permanent bail. Please advise on what I should do.
Asked 2 years ago in Criminal Law
Religion: Hindu

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9 Answers

1. Well since the FIR is already registered you will have to wait till submission of charge sheet to find out whether the Police exonerates you after the investigation or not.

2. If Charge Sheet is filed against you then you have to face and trial which would surely be decided in your favour.

3. In the meanwhile you can try your luck by filing quashing in high court.

4. Police seems to be in your favour and that is why they have allowed you to get Bail. Now you are righty advised by Police to apply permanent bail from curt. Do this asap.

5. It was a honey trap and you have merrily allowed yourself to be entrapped. Therefore, now fight your case bravely. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You should appear in court if FIR is filed against st you .police would conduct investigations and file charge sheet or closure report 

If charge sheet is filed against you then 

you have to prove your innocence during trial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

  1. Offence under Section 354A is non compoundable, police have no power to close the You can file quash petition in the  High Court of Punjab and Haryana on the  circumstances of the  facts.
  2. There seems to be international racket to extort money. File a complaint in the Court of Magistrate under Section 384 giving all details, they will be exposed.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Dear client,

As asked by the Murthal Police Station, you are required to appear in court for the hearing on permanent bail. Ensure you have legal representation during the proceedings. The Commissioner of Police Sonipat's support for the cancellation of the MUKADAMA is commendable, but legal action must be taken. Section 342 of the Indian Penal Code (wrongful detention), Section 354A (sexual harassment), and Section 506 (criminal intimidation) are considered serious offenses in India. It is imperative to have legal guidance from a criminal law specialist in order to properly traverse the legal system. Maintain records for your defense and keep updating the National Crime Reporting Portal with any new information.

 

Hope this helps you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

The police have not closed the case as falsely informed to you.

When you reeived the summons under section 41A cr.p.c. you should have contacted a local advocate and accompanied him to the local police station.

Actually the police have granted you the station bail and forwarded the FIR to the court along with the charge sheet, therefore it becomes pertinent that you surrender before court and get enlarged on regular bail in order to challenge the case properly.There is no use in contacting the police or commissioner in this regard after this because the case has come to court.  

Without knowing the nature of complaint given by that lady no opinion can be rendered to defend yourself in the case, hence you may engage an advocate in the local and handle the case properly

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your step in filing complaint has aggravated the matter and to save her modesty the woman had no option but filed case. She was having opportunity to file rape case against you but she did not chose to file case under 376 IPC. case under given sections are not so serious. It does not seem that lady wants to blackmail you. You have no option but to contest the case and is required to prove your innocence. You have a good case. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

File FIR quash petition in High Court.

354 A is serious charge. You may be jailed. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You need to continue the bail order taken and proceed in court. The issue of innocence will be decided after the complete trial

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per Supreme Court, The acknowledged consensual physical relationship between the parties would not constitute an offence under section 376 (rape) of the IPC, i.e. rape charge cannot be invoked in case of consensual sex between two adults.

- Further, the said section given by you are not for rape and it is for the sexual harassments and threatening etc.

-  However, the section 354a is non bailable offence and the police has not power to grant bail under this matter , and hence all the episode is looking a trap of extortion of amount from you 

- You should take help from a local lawyer for getting details from the court .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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