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anonymous   23 January 2024

False police complaint at police station when court proceeding is in progress.

Posting on behalf.

Husband has filed divorce case and left his matrimonial house. Still couple were meeting to each other occasionally at matrimonial house only.  Not sure about physical relationship but wife made a complaint at police station u/s 376. After her complaint, she never re-appeared at the police station to take this thing further. As a result, police department has closed this application on the ground of nonappearance of wife at Police Station after complaint submission. Written statement was collected by Women cell from husband that to take this proceeding in the court only. After 6 months later husband has withdrawal his divorce case.

Question : This is harassment to husband by wife of rape complaint u/s 376 which has been closed by the department without any action. How can husband take the benefit of this false complaint? Can he file separate court case now in any manner like defamation case, harassment case apart from divorce?

Thanks in advance.





 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 January 2024

Neither the defamation case nor a harassment case is maintainable. 

You can secure the evidence so that it can be used as documentary evidence during trial of divorce case for establishing the acts of cruelty. 

1 Like

Dr. J C Vashista (Advocate )     24 January 2024

Since wife did not appear to get her statement recorded by Magistrate u/s 164 CrPC, the case shall have to be closed.

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