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Uttam Pote   07 February 2020

Rape case FIR quashed Chandes?

if Girl is already married, she hide her past, name, age her whole identity, her husband is alive & she's not yet Divorced after that if she's Filed FIR to police station that " He Given marriage promise and s*x/rape , section 376 & 417" girl is 34 years old as per her Adhar card and she noted her age 26 in FIR, also she said she is pregnant and deny to show her pregnancy details. i got some calls from her Mobile number and ppls said "i am Police, jaldi marriage karo in tapori language" . I have call recording
in this situation how much chances are to " quashed This FIR " .... is there any chances to quashed FIR


Learning

 5 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 February 2020

This is the fittest case wherein the possibilities of quashing are ample.

G.L.N. Prasad (Retired employee.)     08 February 2020

Everything depend on facts and the influence of the other party.  Contact a local advocate and trust his services as no one in the forum can give you a guarantee on quasing of FIR BASING ON YOUR VERSION ALONE.  One has to defend a case basing on such elementary and basic facts relevant to the substance of complaint involved, and saying that the complainant has not stated her age correctly, not stated details of pregnancy in a complaint, etc are not material.  The essential issue to be decided is as to whether you have taken advantage and promised such marriage and your relations with her are only valid.

G.L.N. Prasad (Retired employee.)     08 February 2020

The allegation is "rape' and the facts you are taking for your defense are not valid and there is no relevance in between the allegation and those events stated by you.

Adv Deepak Joshi +917017821512 (Advocate)     08 February 2020

contest your case on merit

Mastan   08 February 2020

Even if she is a prostitute and you forcefully had s*x without her consent/willing then also it is termed as rape. And this forceful act never differentiates if she is prativrata, pregnant, spinster, married , divorced, widow or s*x worker. But in general the s*x workers are honest people compare to others. 


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