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Querist : Anonymous (Querist) 07 February 2020 This query is : Resolved
after 5 month of marriage it came to the knowledge of the husband that his wife has a some illegal affair with other person, on the query of the husband she disclosed all the fact that she was under circumstance therefore all thing happened. she was working together with this man. when wife disclosing all the thing it come to the notice of the husband that these thing continue after marriage. on believing the story of the wife, wife lodge a FIR against this person u/n 376 ipc. after 3 month wife left the house of husband and make a statement in the court that fir lodge under husband pressure there is no rape at all. Now What would happen…………..?

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Raj Kumar Makkad (Expert) 07 February 2020
IN THAT EVENT, IF THE ACCUSED FILES A PETITION SEEKING QUASHING OF FIR, THE SAME SHALL STAND ALLOWED.

Advocate Suneel Moudgil (Expert) 08 February 2020
1. the accused will be discharged

Raj Kumar Makkad (Expert) 08 February 2020
Trial courts are not presumed to go in depth the defence to be initiated by accused while framing charge so better to file for quashing instead of depending upon discharge.

Dr J C Vashista (Expert) 09 February 2020
Mr./Ms. Anonymous,
The query needs more clarifications.
What is your concern / locus standi ?

P. Venu (Expert) 09 February 2020
The facts posted suggests no offence of rape, but only the instance of adultery which is longer a crime.

But it is still a civil wrong and case of cruelty for the husband to seek divorce. The deposition could be of probative value in such proceedings.

T. Kalaiselvan, Advocate (Expert) 20 February 2020
If the defacto complainant turns hostile witness before court in the criminal complaint then the court after ascertaining the circumstances, may acquit the accused for not proving the charges beyond doubt.

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