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Victim376 (Manager)     31 August 2013

False allegations case in ipc 376

Dear Seniors,

 

I am sharing my story and need your valuable remark so please help.

 

One my office lady who is already divorce logged a fake complaint at police station that we had already marred in a temple in 2009 and now I am going again remarry as per my parents police arrest me on 24th April 2013, late evening actually she logged the complaint only because she is one side love attraction and she come to know that my family going to marriage me and only for crate the presser so that my family cancel my marriage and marry with her but when she feel that now we will not agree for that than she paid some money to police and the police converted the case in 376, 313, 323, 504 & 506

I.P.C..

 

So in that case I was in judicial custody for more than 26 days, and in month of may when she come to know that my family member going to apply for bail at local court than her advocate advice her that there is no evediance againt her complaint so may be the bail is possible. So again on 14/05/2013 she tried to logged a FIR again in Mahila Thana says that me elder brother and his wife and two my younger brother attacked on her when she come from office and issued a medical certificate from Sarkari hospital. (and this also totally wrong because on that day my two brother in his office and his employment also issued certificate of there present) and also mention in FIR that my family member asking for ten lack for accepting her.

 

Now as we already got the bail from local court my advocate tried to quash the FIR from HC Allahabad. But when we visited there than some advocate at Allahabad told my advocate that there is no process of FIR quashing in Allahabad but we can get some relief from HC and we filled our case and on 01/08/2013 my advocate present our case and describe the matter in front of judge and honable judge said if lady saying that she is already marred in temple and after if there is a physical relation between us than it can’t treat in IPC 376,

 

And also add his two line in order that It is submitted by learned counsel for the applicant that the from the perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C., no offence against the applicant is disclosed. He next submitted that the prosecutrix having disowned the entire prosecution version as spelt out in the F.I.R. the continuance of the applicant's prosecution is bad in law”.

 

“Submissions made by learned counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief.”

 

 

And also HC mark stay in case and local cort also intimated but now again she calling me daily and asking to convey family member for our marrage and also asking me will submit court marrage certificate at court and will withdrow the case.when I ask to her that what the gaurany that after marrage she not create such problem than she is saying she will all the things in written and also saying if she will create any problem than I can diverce her any time without taking any remark.

 

Now my question is because my company has already terminated me and there is big fight with there also and I am without job from last 4 month so in trebling and company saying will accept me back only after case settle.

So if I accept her with her written agreement as she is saying that she will never create any problem in future and the same for dowry also that she has not given me any thing than is there any chance that she can again do any leggly.and what is her right after marrage.

 

So please advice because now I am not in position to fight case continue and getting my job back I need to take such step.

   

 

I am attaching HC order copy also so please judge the actual condition of my case. is the case in my favor or not.

 



Learning

 1 Replies

Victim376 (Manager)     31 August 2013

the matter of HC order is below please advice now what will happen in my case and what is my chance.

 

 

Heard learned counsel for the applicans and perused the impugned order.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks' time to file counter affidavit.

Issue notice to opposite party no. 2, who may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.


List after eight weeks before the appropriate Court.

It is submitted by learned counsel for the applicant that the from the perusal of the statement of the prosecutrix recorded under Section 164 Cr.P.C., no
offence against the applicant is disclosed. He next submitted that the prosecutrix having disowned the entire prosecution version as spelt out in the
F.I.R. the continuance of the applicant's prosecution is bad in law.


Submissions made by learned counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief.

Until ordered otherwise, no coercive action will be taken against the applicant in Case Crime No. 520 of 2013, under Sections 376, 313, 323, 504 & 506
I.P.C., Police Station Ghaziabad

 

thanks and regards


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