Ram (Consultant) 07 February 2014

False case against me

I am Ram (Software Engineer) I was engaged in the year of 2012 December. After my engagement problems started regarding Marriage function hall. Girl side father-in-law came to my home and misbehaved with my Dad. After this the girl started asking me over phone to come for a temple marriage with out letting know my parents. I said "NO" I will not come. I explained her my grand parents are waiting to see my marriage. This would be the happiest moment for them in the last days. After 2 days she started forcing me to come for temple marriage. This was the daily conversation between us and slowing she started black mailing me that if you don't come i will suicide. I tried to convince her in many ways and told here that my parents and your parents will decide what to do for the future. She never listen to me and repeating the same thing daily. Then i was waxed with here behavior started thinking about my life with her. I felt i will not be happy with her any more. So i stopped talking to her over phone. My last day i met her was on engagement day. Till now i haven't met her. Since i stopped answered her phone calls she started messaging me on face book. If you don't come i will keep one case in police station and in face book that you are missing. I told to my parents what happened between both of us after the engagement. Finally i decided to not to marry her and my father told to her parents that my son is no longer interested for the marriage with your daughter. Then their parents filed case on me(A1), my parents(A2 and A3), my sister(A4), my sister husband(A5) and on the tenant (A6). Under sections IPC-34, IPC-506, IPC-420, DPA-3 and DPA-4. We got the Anticipatory Bail for all the 6. Charge sheet not yet filed. I would like to go for quash, If i go for quash, who all will fall under quash from A1 to A6.

Please suggest me ?

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7 Replies

Q Slinger (NA) 07 February 2014

File for quash for A1 seperatly from A2 to A6.

Gautam Kapoor (IT professional Studying Law) 10 February 2014

@Ram - In a way you are lucky (no pun intended). You will get over this cases in quick time.Imagine your plight had you married her. Divorce/498/DV and host of other cases that would have ruined your life.

If you have any recordings of her that will help your case.

Quash is that you reject something as invalid . Quashing a case means rendering the whole case as invalid. It is not specific to any person per se. When a case is quashed, it means all the persons malafided in it are free of the charges.

Ram (Consultant) 10 February 2014

Thank you all for your quick reply.

I am having video recording of her father sayings to our questions about the false case. Her father is saying some one ask them to file a case so they kept the case against us. In this video, we keep on asking him did you give us any certain amount, He always says please leave that topic. He says that his relatives asked him to file a case that's why he filed a case on us. That is all he saying. If he really give us any sort of money to the question we ask him "Did you give us any money". He replied please leave it.

I would like to marry another girl. Because i am 30 now. If i wait till the case gets settled it will be too long for me. What if i marry another girl? Will there be any issues from legal point of view? Please suggest ?

Any I need to travel to USA for my job. Do i need to take permission from court ?

Once again thank you all for your quick reply ?

Gautam Kapoor (IT professional Studying Law) 12 February 2014

You do not have to wait till the case settled. In the mean time DO NOT WASTE TIME ,try searching for a suitable alliance for yourself. You have not married the girl.

You can travel to your job place , your passport cannot be confiscated.

isha bhardwaj (intern) 18 February 2014

Hi Ram,

A very good decision has been made by you seeing her behavior as if you got married with the girl you might be trapped with number of false cases. Keep calm and don’t panic. As you have not made any promises for any sort of physical relationships. The promise to marry which you have broken is the result of her own acts. Just start collecting evidences against her.

If you go for quashing of petition, then you have to apply a different petition for you from your family.

Go for quashing of case under section 482 in the high court.

regards

isha bhardwaj

9555507507

Ram (Consultant) 22 February 2014

Thank you @ Gautam kapoor and Isha Bhardwaj.

Amar

Rohit Krishan Naagpal (Advocate) 12 March 2014

Mr Ram

Quashing Petition is filed under Section 482 Cr.P.C which talks about inherent power of high Court can quash the criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice. The petition is filed before the concerned High Court and if the High Court refuse to entertain then you can file an SLP to the Hon'ble Supreme Court of India.

The indlugence of Court, would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist.

Your facts are cryptic , only after reading the FIR and documents an opnion can be given. Consult a good lawyer if will tell you the pros and cons.

Regards

R.K. Nagpal

9599786555

9212786555