Transfer of cases on ipc 376 across states

bhavani (Querist) 28 June 2016 This query is : Resolved
I like to get suggestion on behalf of my friend who is married and have a daugther. He used to help a prostitute with money every now and then. This lady being greedy and wanted to enjoy his wealth has filed a case against IPC 376 and 420 in Dec 2014. The bills which she had bought items for her house in Bangalore using his credit card was used against 420 that he tried to cheat and promised to marry her. She forced him to take to her to his vacant house one day in Hosur, TN(30 kms from Bgl) and that is the day it was told the she was raped under the promise that he will be marrying her. My friend was sent to JC and bail was granted after 20 days in Bangalore civil court. In the meantime the police station has requested for transfer of case to Tamil nadu. There was no progress in any level - court or police station and my friend was going for appearance in court and signing in police station every now and then as per bail conditions. Now we came to know that the case has moved to Tamil nadu. The complaint or the witness are not ready to go to Tamilnadu, They are already taking money for happy living in Bangalore by threatening my friend that they will file multiple cases against him and cancel his bail. He has paid huge amount to lawyers and police also who has shown no progress in this case. Police is not ready to make charge sheet since the incident happened in tamilnadu

Now the case is transfered to tamil nadu, but there is no official communication from court or police station to my friend on this one. He is getting call from tamilnadu police station stating that the complaint and the witness are not coming here. More over the documents are in kannada and we are not even aware what is it about. Police is asking my friend to come there so that they can close the case favourably. He is not sure who should be believed on this regard? Can you suggest what can be done on this regard ?

1. Since the complaint is already taking huge money from my friend every month they are ready to give in writing that it is a false case. Will this be valid in IPC 376 since it is non compoundable ? If yes, how it should be done? Should this be done in Karnataka court or in tamil nadu police station

2. Should he go to the hosur police station and meet them so that something favour will happen to him. In bangalore, the complaint had told that the police told him to come for some signatures and He went to meet the Bangalore police and immediately he was taken to custody. Now he is scared whether it is also a prank from Hosur police

what is the best legal and smart way to come out of this attrocious activity? His family is also suffering a lot due to tension and money loss involved in each and every step.

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Devajyoti Barman (Expert) 28 June 2016
The evidence you have stated to be in your favour will help you to get bail.
However those are not sufficient to get quashing.
In trial it will certainly help ypu.

Kappil Cchandna (Expert) 28 June 2016
Sir,

It is advisable to file the quashing on the basis of the compromise.

Warm Regards
Kapil Chandna Advocate
9899011450