Legal Question in Criminal Law in India

Hi............

I filed Fir under Section 376 as the boy refused marraige after making false promise to marry and being physical with me . Now the boy and his family has agreed for marraige and accepted their fault .They said that they were mislead by the mediator> i went with them for the boys bail and attached my affidavit stating that we are compromsing and we want to marry . The court dismissed the bail . Now we seeking bail from High court . My lawyer is telling me not to take back the case and not to believe the boy . HE even said That i can be imprisoned by the Judge for changing my statemnet under that affidavit which i signed for The boy's bail . Is it true ??/ PLz suggest how to seek bail and whether i will face trial or not for taking back the case . Is it a non cognizable statement ? will my affiadvit will imply that i filed false 376 ??????? what i m stating in affidavit is that we both parties were mislead by the meditaor and now we both want to marry .


Asked on 7/31/12, 8:52 am

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

many people play with law feeling that it is a matter of fun. But actually it is not so. . . You must be aware of the fact that you can not speak lie in courts.

anyway there are still ways to save yourself. change statement in evidence. good luck

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Answered on 7/31/12, 10:34 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is you who lodged an FIR of a serious offence called "Rape" and now you being lured by the promise of marriage. instead of executing any document/affidavit, you may simply ask the boy to file a petition for quashing and implead you a respondent. in response to the petition, you may, through the standing counsel, accept the proposal of marriage. BUT is the happiness guaranteed after marriage?

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Answered on 7/31/12, 9:23 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta

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Answered on 8/02/12, 3:53 am
Rajesh singh, {exp. 28 years,email [email protected] } mo.+917800351226

you can file affidavit is that we both parties were mislead by the meditaor and now we both want to marry .contact me on phone or email for detail.

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Answered on 8/02/12, 10:21 am
Shrichand Nahar S.V.Nahar, Advocate

Suggestions of Adv Gupta appears correct.

Also see case laws of SC and High Courts dealing with such a situation and act accordingly. Incorrect stands in court may lead to problems.

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Answered on 8/30/12, 10:06 pm


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