Safety to be taken in quashing the 376 fir by the complainan

@Shweta

 

Kindly clarify if this is Anticipatory Bail Application or a Regular Bail Application?

 

For Anticipatory Bail Application under S. 438CsPC

You should wait till the application is disposed off by the Hon'ble Court. Let the court order mention that the condition for granting the bail is that boy would marry you. Once he gets married to you, then you go and file for quashing.

 

For Regular Bail under S. 439CrPC

You should immediately file for quash petition. Let the judge allow quash only after the guy marries you in the court. For this purpose the court can allow special relief from Judicial Custody for this marriage.

 

Just one question out of curiosity

Why this case? Is this a case filed for "Promise of Marriage" which was impliedly taken under S.376IPC ?

 

//peace

/Saurabh..V

YA .......... this case was done after the boy refused to marry under his parents pressure ............... and the boy is in jail since last month ..... we applied for regular bail on the condition of amrraige ...... but lower court rejected it twice and high court gave  next month date ...... The decision is pending .... what are the chances that the high court will give bail????  we dont want to take that chnace , so we are going for quashing this week on the ground of marraige .................

@Shweta

 

Although we all learned members of this forum are here to extend our advice to all, still I find myself in a fix and bound to oppose such support when cases like yours come on board.

 

Your each lines raised strong opposition in my innerself and I feel judiciary has been degraded and people like you are making mockery of law.

 

See my observations:

 

this case was done after the boy refused to marry under his parents pressure:

- No case can be registered for "refusal of marriage". A case can only be registered when there was "false promise of marriage". Mere refusal due to inevitable pressure from parents in an Indian domestic setup does not amount to any violation of law.

 

and the boy is in jail since last month:

-  He applied for bail twice in lower court and failed. I wonder who is guiding this poor fellow. Why he did not applied for bail in the High Court after first time his bail was rejected? You are actuall "blackmailing" the poor boy to coerce him to marry you. It is equivalent to holding a gun in your hand asking the other person to dance on your tunes like a puppet.

 

we applied for regular bail on the condition of amrraige:

- What book in the whole world says that such a marriage would be a strong, faithful and happy marriage which is based on illegal conditions? You are threatening the poor boy that only if he marries then he would be released from jail and get relieved from the trauma. Else he would be left behind bars to spoil his life.

 

but lower court rejected it twice and high court gave next month date:

- What State of India is this where High Court does not bother about a poor boy's life being ruined behind bars for doing nothing?

 

what are the chances that the high court will give bail????

- The chances are that if the judge knows the law and understands the gist of this offence, he would immediately order the release of the victimised boy. There is no law which can hold the boy behind bars (in jail) even when he has spent 1 full month there without any reason for it.

 

we dont want to take that chnace , so we are going for quashing this week on the ground of marraige:

 

- Now when you feel that you have threated the boy and his family to their hearts and burned their lives, you can easily sit on top of their head like a queen?

 

I feel ashamed of such a law which on one side was aimed to protect innocent girls from traps and havoc, on other side in reality is being misused by girls to threaten their marriage prospects to get married

 

This is so easy for a girl to get married to a boy of her liking. First lure the boy to the bed, have s*x and then threaten him of legal consequences. It does not matter if the boy promised for marriage or not. Mere statement makes it a strong case for the girl to coerce the boy to either marry or pay huge lot of money.

 

If this is so sacred activity for a girl, then why does she get into it at all? Shame, a true shame for the whole country that those who are entitled as "devi" on the day they are born, are acting like ghosts in real life. Even god can't save men in this country because of the draconian laws.

 

//looking for peace

/Saurabh..V

 

for your kind info . i want to tell you that i was used with a false promise to marry .....got it .... the acse was not filed on the refusal to marry , the acse was filed coz the boy  flied away and gave me a reason  that his parents are against our marraige .......... still i waited for him , waited that he will come back and he is going to fulfill his promise ...when he refused to come back then i had to seek justice from law ............. no they are realizing their mistake and they aplogosed for whatevr they did.......... and one more thing i m not having any kinda gun in my hand .infact i am acting on faith ................and m the victim ...... and the guy was not a poor guy .........and m getting married to him coz no other guy wud accept me after knowing what i have gone thru in my past !!!!!!!...........

and ya i m not blackmailing the guy ...... i was cheated like abytjhing ... .... his bail is pending in high court .i can wait  for it ....but m going for quashing .u know y  coz his mother is aill................. and m acting purely on faith !!!!!!!!! is it blackmailing ????/ U must be aware that bail would have given me surety of maaarige but  qaushing wont have that surety!!!!!!!!!!!!!!! Still m doing that !!!!!!!!!!!!!!!

The boy fled away and gave you a reason but you don't believe in the reason? Or should I say that you did not wanted to believe in him? Or should I say you never trusted him and was always suspicious that he may or may not marry you at all?

 

Girls like you have no gender/age/religion/caste/race. You are just mean creatures who are eccentric and self obsessed. If the other person do as you say you are happy else you would take revenge as you may like.

 

What you did very clearly shows that you never loved this boy and your only motto was to get married to the guy. Love is unconditional. What you did was a deal - Take love and give marriage!

 

Doing s*x is not what is punished. It is the intention to cheat that is punished in such cases. And with your posts it is very clear that neither you are under 18 nor you are innocent (seedhi-saadhi abla naari). You are a wicked girl who has trapped this innocent boy on the name of s*x. If s*x is to sacred for you, why you did it at all? If this was so important that you would do only with a guy you would marry then you should have held that temptation!

 

Moreover about the mother of the boy..why are you worried? Didn't you knew that everyone including the boy would be hurt and in pain when you would file the case. You don't mind that the boy is in jail from one month? Now you trying to show how concerned you are about the boy and his family? You are only concerned about yourself and your future. You did not wanted to loose a potential marriage prospect so you did all this drama. I feel pity of the boy and his family!

 

In today's world, girls take advantage with the bilateral benefits of trasition of ethics. On one hand where the girls are treated like godesses, they are also seen as devils. They also don't fall behind and take crisp benefits of this situation. Like in this case the author is taking advatange. She claims to have been fooled (as if she is a under 12yr kid) and parallely she acted so modern that before marriage she indulged into s*x.

 

Rape is such a grave crime that if one girl undergoes it, it sticks for life and no one can ever over-come the trauma. However, such cases (as above) only fade-away the gravity of the incidence. The author enjoyed every moment of the intimate meetings and now wants to get paid properly for her remaining life by getting married. How funny is this that the basis of marriage is not the education of the girl, or her attitude or her family background or her skills but it is that the boy had s*x with the girl.

 

It all so weird that even talking about it makes me angry and red-faced. How can people make such cases and frame innocent people and then dare to come to such public forum to seek advice so as to ensure to fully legally trap the innocent.

What would be the position of law when a girl defies the boy's trust in similar case and refuses to marry? Can we say that pride and body of a girl only is sacred and boys can be used and thrown like garbage?

 

I strongly condemn and oppose such gender biased law which by the very nature of it is being misused.

Hi all, This seems to be the same case with me, the girl i married filed a rape case,cheating and cyber crime now im struggling to quash the same. Let me narrate the story behind this, around 6 yr's back i met this girl online, exchanged the phone numbers, this frndship continued for 1 year, one day she proposed me about love and marriage, but i simply regected and gradually discontinued the frndship with her. Later i flew to abroad for my MS and returned to india , got a job here as a software engg, i donno how she managed to get my mobile number(may be from my facebook account), she again started calling and used to compell about marriage , this time her uncle also involved to threaten me to marry , this tortur become very severe that they used to call me daily 5 to 10 times wen i was in office, one fine day i decided to go to police and i did the same, but the police suggested not to register the case instead to compromise by talks, the same i conveyed to the girl by police, but after few days i received a call from police saying that girl registered the case agaist me, so i went to the police station with my parents, even the police didn't listen to me but they put me in cell and registered above cases, this is the 1st time i saw this girl. Î was shocked with this incident that how can even police register a case for a gal whome i never met before, then i was sent to remand there i came to know that i came to jail under rape, cheating and cyber crime, i spent almost 45 days in jail. During this period the gal and her lawyer continuously threaten my parents to compromise to marry else they will file more cases even if i get bail, more over my native place if almost 700km away from the jail, so imy parents spend most of the money to travel during this 45 days. The whole story what ever happened during the 45 days is with out my knowledge, so my parents came to jail one day and cried like anything, so i did't have any option except to compromise. I got the conditional bail and i married to that girl very next day after i released on bail. The actual story started here... They girl is very short tempered and she is a type of psyco, the early days of this marriage i was in a dipression of loosing my job, loosing my status in society, attending the courts, but she never cared about all those but she had been torturing /thretening me to suicide to look for a job, to do s*x every day even if i am not interested and to full fill all the wishes she has...... Frankly speaking im fed upwith my life the only reason why i am alive this moment is bcaz for the sake of my parents, this is almost 8 months i got married , the case is with my wife's(i feel very strange to call her wife) lawyer and he charged huge amount to QUASH The case but it never moved to high court till date. He always gives unknown reasons whenever we ask about the updates, more over i never talked to this lawyer( wife's cousin brother)bcaz this is the guy who scrudup my life pairing up with my wife. Now i am planning to look for a new lawyer but afraid of the fee they charge again, bcaz neither i have a job now, nor i do have savings more over i lent money from friends already(this is the 1st time u lent money from frnds). Now the situation is that the girl return to her home(bcaz i spent all money on this incident i dont have a single penny to spend on her), she promised me that she will follwup with her lawyer to quash the case, but i donno whatZ going on in their minds , the case is not moving ahead. At the end of this story i lost my job, my status, my freedom, my money, peoples faith on me and my futur, i feel like i was much happier in jail than out side. I lost hope on my life..... May be count down started for my life. I welcome ur comments.......

pick her confidence and ensure that your case get quashed.

Then file a divorce or run away after securing your parents.

Infact move your parents to some other place first ....then you move to some different place.

If you can do this , then file divorce , what she will do 498a that too false ...you will suffer for some time and at last you will be winner...