• Fake rape case by ex GF

Hi there, this was my previous question.

https://www.kaanoon.com/452627/fake-rape-case-by-ex-gf-and-defamation-on-facebook-by-ex-wife-and-ex-gf-cyber-crime

So it has been nearly 3 years. Here is what it has been. See the summary below.
- Zero FIR filed by ex-girlfriend- Section 376(2) (n) and 420 of IPC, this was at the end of 2023
- The lawyer suggested that I stay underground from then on. First, he said the case is being closed by police management, and then he said it's in court and will be closed there. I don't trust his word alone and don't know what is really happening. I've already spent so much money on this; I am exhausted, and I am away from my family. My life is ruined because of this fake case.
Here is what I see in eCourts services.

Case details: Filing date: [deleted]
Status: First hearing date- 20th July 2025, Next Hearing Date: 11th May 2026, Case Stage: ISSUE BW/NBW

Case History:

1)Hearing date: [deleted], Purpose of Hearing: Issue BW/NBW, Business: Call on [deleted]
2)Hearing date: [deleted], Purpose of Hearing: Issue BW/NBW, Business: NBW pending against accused.
3)Hearing date: [deleted], Purpose of Hearing: Summons, Business: Accused Absent, Issue fresh summons to accused.
4)Hearing date: [deleted], Purpose of Hearing: Summons, Business: Accused Absent, Issue fresh summons to accused.
5)Similar summons on 6 more dates and Business: Accused absent. PO in on CL, Accused absent. PO is on transfer, Police requested time to execute NBW on accused, hence they are directed to execture or file report by so and so date. Accused absent and PO is on EL
6) Last hearing date: Purpose: Issue BW/NBW, police requested time to execute NBW’s of accused.
7) Next hearing date: 11th May 2026. My questions:

1)Please can someone shed some light as to what is happening here? 
2)What the outcome of it?
3) I do not want to be arrested or in jail as relationship was consensual and not rape. She was the one forcing me
4) Is the lawyer going in the right direction? Or is he comprised or joined hands with the opposite party?
5) First he said case is being disposed or closed as there is no weight, PS I closing it and then he said we are trying to secure anticipatory bail. He is still suggesting me to stay away and He took money and 2 surities and got me some papers signed for the bail.
6) What are next steps with this proceeding? Is there more I can check on the court record etc and find out what’s happening?
7) Can my brother or someone secretly attend a court hearing and find out whats happening on the hearing date, is it open to the public?
8) As its been nearly 3 years, the case has cooled down and not serious and also the opposite party has cooled down?
9) Say if we settle with opposite party although we dont want to as she is Evil and file so many fake cases on many guys, will it settle or get this closed.

Due to this my health deterioted a lot.

Many thanks for your help

Best regards.
Asked 14 days ago in Criminal Law
Religion: Other

2 answers received in 1 hour.

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10 Answers

In offences of this nature, especially under Section 376 IPC, detailed order sheets are often not fully reflected on public portals due to sensitivity, though basic case status appears. It is also correct that once coercive processes like NBW are issued under the Code of Criminal Procedure, 1973, your personal appearance becomes crucial.

 

The repeated issuance of NBW strongly indicates that the court considers you to be absconding. If proclamation proceedings under Sections 82-83 CrPC have been initiated or completed, you may indeed be treated as a proclaimed offender, which significantly worsens your legal position.

 

At this stage, the risk of arrest is real and immediate. Once NBW is in force, the police can arrest you at any time. Anticipatory bail is legally maintainable, but practically difficult where NBW has already been issued and especially if proclamation proceedings have begun, courts often view this as evasion of process. The position has been discussed in cases like Lavesh v. State (NCT of Delhi), where the Supreme Court of India held that relief under anticipatory bail is generally not granted to an absconding accused. Therefore, while filing for anticipatory bail before the Sessions Court or even the High Court is an option, success depends on how convincingly you explain your absence and demonstrate willingness to cooperate.

 

Practically, the most realistic course, though difficult, is to regularize your appearance. This usually means either (i) moving anticipatory bail urgently with full disclosure and appearing through counsel, or (ii) surrendering before the trial court and immediately applying for regular bail. Courts are often more inclined to grant bail when the accused shows bona fide by surrendering rather than evading. You may also approach the High Court seeking interim protection or a stay of arrest, but that is not easily granted in serious offences. At this stage, continuing to remain absent will only aggravate matters; your priority should be to come within the legal process in a controlled manner with a proper legal strategy.

Anoop Prakash Awasthi
Advocate, New Delhi
58 Answers

1. From your contents it clearly indicates that there's a non bailable warrant issued against you which the police couldn't execute for various reasons as stated in the history of the case.

2. You can be arrested if you don't surrender and get the warrant recalled.

3. Since there's a NBW pending against you, first you have to get it recalled and file an application for regular bail, rest other things will be taken up during trial proceedings only.

4. In my opinion you may better change the lawyer.

5. You can obtain bail through him and then decide about continuing the case through him or not.

6. First you obtain bail and participate in the trial proceedings which will be on your own interest instead of keeping away from the case on misguidance.

7. That may not protect you from the law which is already against you.

8. Don't be under such misconception.

9. In that case after obtaining bail you may file a petition to quash the FIR before high court.

T Kalaiselvan
Advocate, Vellore
90523 Answers
2521 Consultations

Your queries are answered point-wise as under:
From the eCourts status, it is clear that the case is active and has progressed beyond summons to issuance of BW/NBW due to your continuous non-appearance. The court is now directing the police to execute warrants and secure your presence.
The immediate outcome, if you continue to remain absent, can be arrest pursuant to NBW. Once you appear or are produced, the case will proceed further towards supply of documents, charge, and trial.
To avoid arrest and jail, the correct legal course is to immediately approach the court through a lawyer for anticipatory bail (if still maintainable) or surrender and apply for regular bail along with an application for recall/cancellation of NBW. Courts generally grant relief if approached properly.
Advising you to remain underground at this stage, especially after issuance of NBW, is not a sound legal strategy. You should seriously consider taking a second opinion and proceeding to regularize your court appearance.
The earlier statement that the case would be closed by police is incorrect at this stage, as once the matter is before court, it is under judicial control. The step regarding anticipatory bail is correct in principle, but delay and non-appearance have worsened your position.
Your next steps should be to immediately verify the exact case status through your lawyer or by obtaining certified copies, and move appropriate bail/recall applications before the concerned court without delay.
Yes, your brother or any representative can attend the court proceedings. Criminal courts are generally open, and they can observe proceedings or obtain basic information from the court staff.
The case has not cooled down. On the contrary, procedurally it has escalated due to repeated absence and issuance of warrants.
Settlement in such matters does not automatically close the case as offences like rape are non-compoundable. However, in certain cases, parties approach the High Court for quashing based on settlement, which is discretionary and depends on facts.
In conclusion, your immediate priority should be to address the NBW and secure bail. Remaining absent will only aggravate the situation. Once your presence is regularized, you can effectively defend the case on merits.

Yuganshu Sharma
Advocate, Delhi
1313 Answers
5 Consultations

Based on the case history you have retrieved from the eCourts portal, the situation is serious, but the path forward is clear. The online record directly contradicts your lawyer's suggestion that the case is "90% closed." Instead of disposal, the court has been consistently attempting to secure your presence, and the proceedings have now escalated to the issuance of a Non-Bailable Warrant (NBW) against you .

The "Case Stage: ISSUE BW/NBW" and the history of multiple "PO (Proclaimed Offender)" remarks indicate that the court considers you to be absconding. This is the most critical phase of the case. An NBW empowers the police to arrest you immediately upon finding you, and it significantly weakens your position to claim that the relationship was consensual . Your lawyer's strategy of advising you to remain "underground" for nearly three years has backfired, as it has led to this warrant. A competent lawyer would typically advise you to proactively seek legal remedies, not avoid the court indefinitely.

You are now at a crossroads. Your lawyer's advice is not only incorrect but dangerous. The priority must shift from hiding to surrendering legally. Your lawyer should immediately file to recall the NBW and apply for regular bail . You will likely need to surrender before the court, but with a good lawyer, you can be released on bail on the same day. Remaining abroad while an NBW is active will severely limit your options and may lead to the issuance of a Look Out Circular (LOC) at the government's request, which would prevent you from re-entering India.

Regarding your brother, while his name may not be in the FIR, the police can technically enter any premises to execute a warrant or investigate a crime scene if they have reasonable grounds. If they harassed him, he should file a formal complaint against the police conduct with the Superintendent of Police or through a separate petition in court.

Your Recommended Next Steps:

  1. Change Your Legal Strategy Immediately: Confront your current lawyer with the eCourts evidence. If he insists the case is closing, fire him immediately. You need a new, reputable criminal defense lawyer in Hyderabad who specializes in quashing cases and handling NBWs.

  2. Verify the Case Status Yourself: You can use the eCourts services portal to independently verify the status. Use the "Case Status: Search by FIR Number" option, select your police station, and enter your FIR number and year . This will give you the same information the judge sees.

  3. Take Action on the NBW: Your new lawyer must file an application to recall the NBW and surrender on your behalf. This is the only legal way to stop the coercive proceedings .

  4. Do Not Settle with the Opposite Party: Given that they have already filed a false rape case after a failed compromise, paying them for a settlement will likely not close the criminal case (rape is non-compoundable) and will expose you to further blackmail. Fight the case legally through discharge or a quashing petition after securing bail .

  5. Hire a Private Detective: To answer your earlier query, there are several established detective agencies in Hyderabad (e.g., Venus Detective Agency, Ion Detective) that can conduct legal background checks on the complainant to find evidence of her filing other false cases or to locate witnesses who can testify that she was never at your brother's house . This evidence can be crucial for your defense.

Your health has deteriorated because you are in a state of perpetual fear and uncertainty. The cure is to face this legally. Surrendering to the court's jurisdiction to get bail is not an admission of guilt; it is the first step towards proving your innocence and stopping the harassment of your family. Prolonging your absence will only worsen the situation.

Lalit Saxena
Advocate, Sonbhadra
248 Answers

If it’s fake case file quashing in HC and get it quashed 

Prashant Nayak
Advocate, Mumbai
34918 Answers
254 Consultations

You must appear in court apply for setting aside NBW issued against you 

 

2) you are making a mistake of not appearing in court 

 

3) don’t send your sibling 

 

4) change your lawyer 

 

5) if you settle with your gf then can apply for quashing of case in HC 

Ajay Sethi
Advocate, Mumbai
100319 Answers
8197 Consultations

Dear client

The Bharatiya Nyaya Sanhita, 2023 has made your case a serious issue even though the name of the law has changed & severity of the law has not. The prior law of 376 of the Indian Penal Code (Rape) is now primarily charged under Section 64 of the BNS and Cheating as per Section 420 of the IPC corresponds to Section 318 of the BNS. Both of these offences are serious & non-bailable.

The fact that there have been repeated entries of "Accused absent" in your file and a Non-Bailable Warrant (NBW) have been issued means that the court is actively seeking to force you into court. Therefore, the case status is solidifying against you and is escalating. If you are again a no-show, the possibility of arrest is imminent and/or the possibility of a declaratory judgement's danger is real.

Your attorney's suggestion for you to disappear is an unsafe legal course of action. You should immediately consult with an independent and reliable attorney, review the court records to determine the appropriate court date, and file for anticipatory bail or determine the legal way to surrender with regular bail.

Since the hearings in this matter will continue to be public, your brother can attend the hearings and verify the status of the case.

An approach to settling this matter will not be easy since the charge of Rape is a non-compoundable offence; however, High Courts have quashed charges of Rape in a limited number of cases. Time is of the essence.

if you have any query please feel free to contact us

 

Anik Miu
Advocate, Bangalore
11221 Answers
126 Consultations

The case is not closed. “Issue BW/NBW” means the court is treating your non-appearance seriously, and the warrant remains alive until cancelled or executed. A rape case under Section 376 is not normally closed by private settlement alone, and it is not correct to assume it has cooled down just because time has passed.

Your safest next step is to immediately obtain the latest order sheet/certified copies from the court, verify whether bail has actually been filed or granted, and take an urgent second opinion from an independent criminal lawyer. Also note: rape proceedings are generally in camera, so public attendance is restricted.

Saurabh Agrawal
Advocate, Greater Noida
90 Answers

At this stage your situation is serious but still salvageable—provided you act correctly now. Right now, the biggest risk is not the allegation itself, but the procedural position you have allowed the case to reach.

Let me explain what is actually happening.

1. What is going on in your case (based on eCourts status)

From what you have described:

  • FIR registered under Sections 376(2)(n) and 420 IPC
  • Case has moved to court (i.e., charge sheet likely filed)
  • You have not appeared before the court
  • Summons were issued repeatedly → you remained absent
  • Court then issued:

    • Bailable Warrant (BW)
    • Then Non-Bailable Warrant (NBW)

  • Status now shows: NBW pending / to be executed

In simple terms:

  • The court now considers you an absconding/avoiding accused
  • Police have been directed to arrest and produce you

This is the most critical takeaway.

2. What is the likely outcome if you continue like this?

If you continue to “stay underground”:

  • Police may execute NBW anytime
  • You may be arrested suddenly (home, travel, airport, etc.)
  • Court may initiate proclamation proceedings (declaring you absconder)

This will:

  • Worsen your case significantly
  • Make bail more difficult
  • Create a negative impression before the judge

So continuing like this is not a safe or sustainable strategy.

3. Your concern: you do not want arrest / jail

That is understandable. But the current approach is actually increasing the risk of arrest, not reducing it.

The correct legal route in such cases is:


  • Anticipatory bail (if still possible), or
  • Surrender + regular bail

Running away is never considered a legal defence. Courts view it adversely.

4. Is your lawyer taking the right approach?

I will be very clear here.

  • Advising you to remain underground for years in a 376 case
  • While NBWs are being issued repeatedly

is not sound legal strategy at this stage.

There are inconsistencies in what you were told:

  • “Case will be closed by police” → not correct once FIR is registered and especially if charge sheet filed
  • “It will close in court automatically” → incorrect
  • Meanwhile NBWs are issued → shows case is actively proceeding

It is possible your lawyer:

  • Initially expected closure
  • Then situation escalated

But continuing to keep you away now is dangerous.

You should seriously consider:

  • Taking a second opinion from a competent criminal lawyer immediately

5. What about anticipatory bail papers you signed?

If:

  • Sureties were arranged
  • Papers were signed

then likely:

  • An anticipatory bail application was prepared or filed

But clearly:

  • Either it was not pursued properly, or
  • It was rejected / not pressed, or
  • Situation moved ahead to NBW stage

You must verify this urgently.

6. What should be your next step (very important)

You need to act quickly and decisively.

Step 1: Verify exact case status

Through:

  • eCourts (case number)
  • Certified copies via lawyer
  • Confirm:

    • Has charge sheet been filed?
    • Is case committed to Sessions Court?
    • Exact stage

Step 2: Engage a competent criminal lawyer (fresh if needed)

Do not rely blindly anymore. Ask for:

  • Clear plan
  • Clear documentation

Step 3: Move for protection immediately

Depending on stage:

  • File anticipatory bail (if still maintainable)
    OR
  • Prepare for surrender with immediate bail application

In many such cases:

  • Courts grant bail if:

    • Accused appears voluntarily
    • Cooperates

Even in 376 matters, bail is not impossible—especially in consensual relationship cases.

Step 4: Move application to cancel NBW

  • Along with:

    • Bail application
    • Undertaking to cooperate

7. Can someone attend court and check?

Yes.

  • Criminal courts are generally open to public
  • Your:

    • Brother / relative / representative
    • Or any advocate

can:

  • Attend hearing
  • Inspect file through counsel
  • Take updates

This is actually advisable.

8. Has the case “cooled down” after 3 years?

No.

Legally:

  • Once FIR is registered and case is in court, it does not “cool down”
  • In fact, your absence has:

    • Made the court more strict

So this assumption is not correct.

9. Can settlement close the case?

This is very important.

  • Offence under Section 376 IPC is non-compoundable
  • It cannot be settled directly

However:

  • In consensual relationship cases, parties sometimes approach High Court under:

    • quashing jurisdiction

But:

  • It requires:

    • Strong facts
    • Consent/affidavit from complainant
    • Careful legal handling

So settlement is possible in a limited way, but not automatic.

10. One hard but honest observation

Your biggest problem today is not the allegation alone, but:

  • Non-appearance
  • NBW
  • Procedural posture

If you correct this now, your case can still be handled properly.

If you delay further, it becomes much more complicated.

Conclusion

  • You are currently facing NBW and risk of arrest
  • Staying underground is hurting your case
  • Your lawyer’s current strategy appears unsound at this stage
  • You must:

    • Verify case status immediately
    • Take a strong second legal opinion
    • Move for bail and cancellation of NBW

Do not panic—but do not delay either.

Indu Verma
Advocate, Chandigarh
280 Answers
10 Consultations

Dear Sir, 

From your recent query, it is clear that the you have not been guided correctly by your present advocate and the thigns have gone to worst in terms of court order. The most important thing is that when an FIR is registered, the accused should go for quashing or the face the trial intelligently and confidently. This has not been done in your case till now. Presently the court is taking coercive steps for securing your presence for trial and this is must for you to appear before the Court and get the said coercive orders recalled. Show and clarify the conduct of that lady to court and get the favourable orders. Consult another advocate of your choice and get the orders or BW/NBW/arrest stayed first and then approach the trial court. Otherwise the trial court may not give attention to you instantly for violatiing its orders. Act intelligently for your win.    

Ganesh Singh
Advocate, New Delhi
7216 Answers
16 Consultations

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