rape alleged by an already married woman.

deefend on merits

sir can u explain me

S 376 is punishment for rape, once the offence is proven. S. 375 defines rape . As indicated by Mr. Sudhir, you should stick to the truth - that the s*x was consenusal between two adults ( assuming you both are ) - the lady will have to show prima facie proof it was not. Simply saying a drug was administered is not enough.

Is any record there of your promises, if any ? Then perhaps she will take the stand you induced her to divorce and are now refusing marriage. But even then, per recent HC rulings S. 375 may not hold. See :

https://timesofindia.indiatimes.com/india/Pre-marital-s*x-not-shocking-every-breach-of-promise-to-marry-is-not-rape-Bombay-HC/articleshow/45663907.cms

and :

https://www.ndtv.com/india-news/consensual-s*x-with-intention-to-marry-is-not-rape-supreme-court-522845

what should i do next should i go to hc for quashing ??

After going through UR case history, it is not possible to judge viewing only one side of the coin.U R denying everything except having s*x with her occassionally.Though the intimate part of UR relationship cannot be termed as rape, her complaint may hold substance initially.It is left to U to prove innocent to her charges with valid evidences.Going for quash will not hold any positive outcome for U, as chances will be only 50%.

She was married in 2008 and got devorce in 2012  

In the present circumstances, rape and adultery are ruled out.     Discontinue having s*x with her.

And, in future, never trust women.      They are coquettish.    Never allow any woman into your house under any circumstances.    Whether you go to a woman's house or she comes to your house or somewhere else, only you are at risk.      It is for sure she will betray you.     It is almost impossible to live without committing adultery.      People will not let you live.    If you do not commit adultery, the same people will again not live you.    If at all you want s*x, keep written proofs which can prevent Courts from convicting you.

Personally, I have not had s*x continuously for the last 40 years.      I demand written proofs.    None has come forward.     I am nevertheless happy.    

If women committing adultery with a younger man can she file section 376 ipc aginst him

Please see the Sec 375 IPC - 4th clause -

With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

Now there is no proof of marriage that has been properly solemnized (before any lawful authority or custom rites) to believe her marriage is lawful.

So this case absolutely does not stand. It has been filed for malicious intention to black-mail you to marry that girl.

“girl said i had s*x with her serval times aginst promise to marry her” -  clearly the prima-facies do not fall under aforesaid clause. “having regular s*x till 2013 and she made compalint in 2014” – how a woman can be raped so prolongated period? Burden to prove her allegation lies on her.

Actually, Indian Stupid and corrupted Judiciary System is the creature of these criminals (including corrupted police offers, judges and these corrupted women.) So the main culprit is our Judiciary System. To stop this corruption I request everybody to learn laws and take action against them. I again would like to emphasize strongly that these judiciary system has been wrongly framed to easily misuse to harass innocents, create criminals and help criminals. We need to change it.

I suggest please go for quashing with speedy trial (i.e. first payer is quashing, if not granted then second prayer is for speedy trial to direct the JM to dispose of the matter within 6 months from the communication of the order) U/S 401 CrPC read with 482 CrPC and 483 CrPC in High Court in-Person (Without Advocate) and submit your arguments and circumstantial evidence properly. Please also call for the record  from the trial court for the batter judgment. Please also note the points of Mr. Hardeep and take printout of all orders and submit those as a citation in favor of your argument as a annexure of your petition.

You will get some sample petition in the following link which might help you to draft you petition. Good Luck!

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=3#.VU2nYfDwpG0

Please also see my post on the following link.

https://www.lawyersclubindia.com/forum/Threatening-by-my-former-lawyer-120907.asp#.VU96kfDwpG0