Sir,
My father was deceased in 2017 , My mother is living with me. We had house property , one in name of father and one in name of mother . All properties are self earned by my parents . I have younger brother , who used to treat abuslivly to my parents , use to steal money hence in 2014 my parents evicted him out of house and published it in newspaper. They also made a registered WILL giving all property to me and none of my siblings . Since 2014 my younger brother is threatining me and my parents and asking his share .He has even filed a civil suit for division of property . In 2017 when my father expired , My younger brother and his wife visited our house for last rites and they left after 3 days of stay . in 2018 , after 1 year , Now since nothing is working in his favour , He approached local police station with complain that I had raped his wife when they both came in 3 day visit in 2017 durig my father demise . Police called us , understood matter and didn't filed any FIR rather asked us to give him some money and settle matter there We paid him lacs of money through bank electronic transfer . After this he didn't withdrew civil suit and asked us to give more money . We refused . Now in 2019 , his wife has approached civil magistrate judge and filed a case of rape under 156(3) . Witness is my younger brother himself . It is very likely that hounrable judge will ask police to register FIR.
Please guide me in some questions.
(1) After order in 156(3) , Will police immedialtly arrest me or it will first investigate the case , ask me and pleader proofs and file chargesheet and then FIR will be made.
(2) In case police makes a FIR , Can I quash FIR by hounrable High court .I live in UP state.What are the chances of quashing of FIR ,My proof for not guilty are
(a) Case is clearly intended to extract money (b) I can arrange for audio calls recordings between me and my brother about he askig me money (c) Date of incident mentioned in case are of 15 days later of my father demise whereas they both left on 4th day , there are many relatives present when they left which can witness this. (d) If police wants then they can find location of me and brothers wife through mobile locaters (i am not sure of this if it can be done, we live 5 kms apart ) .(e) Case is filed after 2 years of incident , they cite in case that due to society shame and family matter they didn't filed case. (f) They cite that my parents are against intercaste marriage due to which he was evicted and I took revenge on her by raping her.
(3) Should I register anti FIR application to senior police official.
Please guide me so that I can defend myself, I have ailing mother to take care of and she might not survive if I get jailed. My brother knows this and taking advantage of the fact . I am guessing that he wants another negotiation. to extract more money.
Thank you.
