False fir submitted u/c 376, 413, 313 ipc
Akash
(Querist) 11 August 2016
This query is : Resolved
A girl filed a false FIR agaist me and my family members u/s 376,313,413 IPC on 15 th jan 2016 that i was in a relATIONSHIP WITH HER FOR 2 years and on 2nd oct, 2016 i put vermilon on her forehead and started to live in a conjugal relationship with her. and on 7 th jan 2016 i and my family members forcefully gave her pills for mischariage of baby. but in reality i knew that girl for 20-22 25 days and that too from oct 24th, 2015. the girl and her family members took our pics together, so that then can forcefully make me marry eith her. and from 10th dec, 2015 to 2nd april, 2016 i was in a rehabilitation centre. i have the certificate of the stay in the rehabilitation centre and payements slips. the police has not filed charge sheet yet. what should i do now?
Am i safe from going to jail?
Ms.Usha Kapoor
(Expert) 12 August 2016
Take anticipatory bail and in case they proceed under /ss 376 etc by engaging a good defence lawyer you can capably FIGHT OUT THE CASE MEETING EACH AND EVERY ALLEGATIONS OF HER IN A SUCCESSFUL WAY ELICITING HER FALSITY OF THOSE CASES. Through cross examination of her and her people your lawyer can elicit falsity of her charges. . iF THE GIRL files FIR YOU CONTEST BOLDLY AND PROVE YOUR INNOCENCE. yOU CAN FILE PERJURY AND MALICIOUS PROSECUTION CASES AGAINST HER FOR FILING OR FOISTING FALSE CASES AGAINST YOU AND ALSO GET COMPENSATION ETC. LATER (after you emerge successful in 376 criminal cases and get acquitted).You can also file sections 176, 420 and 468 IPC cases against her and her people foisting false cases on you.If FIR is filed with false accusations based on which charge sheet is issued your options are two.Either file a criminal 'writ in the High Court. Or file section 482criminal Revision case of /Cr.P.C against that girl in District or Highcourt to quash the false FIR.
Devajyoti Barman
(Expert) 12 August 2016
I am not sure whether you have taken bailor not.
Since FIR is registered taking of bail is the first and foremost important job to do.
Once that is done you have to face trial and given the allegations put against you, the chance of conviction is unlikely.
QUashing is an option but since I could not see the FIR I can not make comment on its merit.
Rajendra K Goyal
(Expert) 12 August 2016
You have to defend the case against you on merits. Engage the services of local lawyer dealing in criminal matters.
adv.bharat @ PUNE
(Expert) 12 August 2016
You may approach a very able counsel specializing in service matters.
Dr J C Vashista
(Expert) 14 August 2016
Whether the FIR registered u/s 376, 313, 413 IPC are against you alone or some other (which you did not mention) member of family?
Who had committed the offence u/s 376 IPC, you or "some one else"? What is the basis of allegation?
Who had got the offence committed u/s 313 IPC? Where it had happened? Who is the doctor/clinic/hospital?
What is the stolen property, which is generally stolen for attracting provision of section 413 IPC?
Prima facie it is a pure academic query, otherwise, you have to contest the case by engaging a local prudent lawyer.
