Legal Question in Criminal Law in India

False IPC376 (2)

I've been falsely accused in 'rape' case by my girl-friend. She is trying to frame charges within 'misconception of fact'. Her father has got connections with the police. I'm currently on 'interim protection' by the Hon'ble High Court & case has been transferred. The chats shows that I might have promised her of marriage. But actually it was the pursual of the girl which lead to our relation and me saying intimate words in the chat. We had physical relation on free volition of each. The first time we had physical relations, it was at her home. And the very next day she called me at her relative's place to enjoy. But she lied in FIR that the first incidence happened at my home. She has not mentioned any date or time in FIR so as to mend it in her favor at a later stage during trial. We were constantly in touch till my parents denied for our marriage. We also went out on a tour (outside our town) for 3days. She lied to her parents so as to take their permission. To initiate the relation she faked her name, education and occupation. But when I came to know the reality she emotionally pursuaded me and I was moved by her gesture. The case is pending with 'anticipatory bail'.

When & how can I approach for 'discharge' or 'quashing'?


Asked on 4/11/09, 2:56 pm

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: False IPC376 (2)

FIR Quashing petition can be filed right now in the high court. However, most of the high courts and supreme court are reluctant to quash FIR, except where FIR does not disclose any offence.

Discharge application can be filed in the trial court after submission of charge sheet.

However, in case you intend to initiate actions for false case against you, appropriate manner would be to go through the trial.

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Answered on 4/12/09, 1:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: False IPC376 (2)

you can file it even at this stage

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Answered on 4/12/09, 3:38 am
KLA RANU RANU LAW ASSOCIATES

Re: False IPC376 (2)

Quashing will be easy option than discharge,which will be difficult in view of Adalat Prasad judgment of SC.

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Answered on 4/12/09, 5:03 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: False IPC376 (2)

There may be hardly any chance of your "discharge" or "quashing of FIR".

If you are that "obedient" a son, you should seek permission of your parents before taking a girl to bed.

If you are an adult and matured man, you may still consider marrying the girl without bothering for your parents' consent, provided the girl is agreeable.

In my understanding of law, you may suffer a jail term for rape if the allegation of 'false representation' of marriage is proved.

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Answered on 4/14/09, 9:09 pm
Lawbird in Delhi Taneja Law Office

Re: False IPC376 (2)

Discharge or quashing of 376(2) appears to be difficult, however, you can show the FIR and its contents for a detailed review of the case to be pursued for the purpose of quashing of FIR.

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Answered on 4/11/09, 8:57 pm
Pranav Desai PD Legal & Associates

Re: False IPC376 (2)

I believe your case is of a serious nature try and consult a local advocate with all the facts.

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Answered on 4/14/09, 5:00 am


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