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 .
5 Answers from Attorneys
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
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?
i agree with Adv Gupta
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.
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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