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BISHWA   26 November 2017

help for false rape case

A girl hs filed a false rape case against my brother. They were in friendship. After bro get job c started blackmailing him and finally filed a case of rape and abortion. He has taken bail and now he hs bn chargsheeted. Now advocate advised us to quash the chargesheet. Will it be right? Plz help


Learning

 5 Replies

P. Venu (Advocate)     27 November 2017

Your brother can apprach the High Court under Section 482 CrPC. However no definite suggestion is possible as to the decision from the HC.

Vijay Raj Mahajan (Advocate)     27 November 2017

For quashing process for criminal cases such as Rape are not so easy if there is no compromise between the parties. No doubt the charges levied by the girl seems to be false but the High Court takes the Rape charges very seriously unless there is a compromise between the parties, and the complainant is able to convince the court that charges of rape were made by her were under force or undue influence of someone else or misunderstanding between both parties that got resolved.

Try your luck by filling quashing petition in the High Court of your state under section 482Cr.P.C.

Dr J C Vashista (Advocate)     28 November 2017

There is very little chace of quashing the FIR, very well explained and advised by expert Mr. Vijay Raj Mahajan , I agree. 


(Guest)

Go for compromise. 

After having s*x, which way things will turn you already know. 

Proving unproving will take lot of time and at end if you get convicted, all the time is waste plus u do jail time. plus rapits tag and newsheadline.

Better compromise.

Courts nothing can be said in guarantee, anything they can order and get away wit it. Be caredful.

Vijay Raj Mahajan (Advocate)     28 November 2017

Lawyers who give 100% surety that they will get case decided in your favor are befooling you, even the best of the lawyer cannot be sure if he gets through with the case and court order in favor of his client.

Indian courts decide the matter both on merit of the case as well the law of the land, rape is a heinous crime and courts take serious view with regard to this crime. There are cases where the Court refused to quash the FIR u/s 376 IPC i.e. for rape offence even after the parties compromised and the accused got married to the victim, in such case what you expect your lawyer is going to get your from the High Court, the lollipop he's showing you!


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