Advocate Arpit Gupta

Questions Answered by Advocate Arpit Gupta (25+ answers)

Q: What happens after fir is quashed ?

My Fir related to 3762n, 506 has been quashed by HC . Also now its closed from lower court Gurgaon. My question is what happens after quashing of fir ? what's the next step I have to take .So that I will not face any problem in private job or in future if I travel outside or in any police verification. Do I have to give any court order to police station so that they will clear the FIR RECORD or what to do?. Please help me. So that I will not face any problem in police verification.

Advocate Arpit Gupta answered
hello. you were charged with rape and threatening the victim and now since your matter has been compromised that's why your FIR is quashed. That's very rare but that's great if that happened to you. Now the only thing you should do is give a certified copy of your order to both police station and lower court and keep one for yourself for future references. Since your FIR is quashed so there will be no problem at all to you in future.

Q: Separated since 8 years, can it be considered automatic divorce after long separation in india ?

Hi, I am separated from my spouse and living alone for the last 8 years. My child is with me, and I now want to move on in life.

Do I need to legally file for divorce, or is this situation considered as automatic divorce after long separation in India? I have heard that if a husband and wife are not living together for 2 years, it leads to automatic divorce in India. Is this true or false?

Please advise me on how many years of separation is equal to divorce in India and whether my case qualifies.

Advocate Arpit Gupta answered
Living separately does not automatically result in divorce. If you want a legal divorce, you must file a petition in court.

If you wish to remarry, you must first obtain a divorce decree from your previous marriage. Otherwise, it may be considered bigamy, and if your former husband finds out, he can file a legal complaint, which could lead to legal consequences.

It is advisable to file for divorce in court and legally end your marriage before moving forward. However, you are free to live in a live-in relationship if you choose.

Q: Video Sex Chat with Married Women

I had video sex chat with a married women. Afterwards I blocked her from everywhere. Now she came to my home and office, and said she would file case against me. I never committed anything to her. Can i be arrested??

Advocate Arpit Gupta answered
see the issue that you have written here comes under the category of Information Technology Act . and according to Information Technology Act any porography, any sort of thing that tends to corrupt a normal mind is punishable under that act. so yes you can be punished and a complaint can be filed against you by that women under information technology act . it is all depend upon the lawyer how we manipulate the facts in his favour. this complaint by any experience lawyer can land you in jail. so before she files a complaint against you you must have given an application against him. and the content of that application also matters and is very important so you must consult a lawyer before giving that application .

Q: Rape case complaint back on appology of boy

Can I take rape complaint back after apology of the guy?

Advocate Arpit Gupta answered
criminal case if an FIR gets registered then it is not possible to take that FIR back . the only way left is that you give statement in court in the favour of that person . however it is also to be kept in mind that if you give statement in favour of that person then Public Prosecutor can initiate a complaint against you . so to prevent yourself to be in trouble it is better you engage a good lawyer so that he can help you out . You can consult me on my given contact.

Q: Regarding threats of suicide amd file fake case by soster in law

My cousine brother's wife mentally torcher him and us and giving threats of suicide attemps and taking legal action or file false case of dowry if he met us. What to do how to protect family from her . Her elder sister already in jali for 420. She alreafy file false case in women cell 10 yrs ago.

Advocate Arpit Gupta answered
to safeguard yourself you have to you should in fact make an application to your concerned SP telling him the truth that your cousin is married to this lady and she is doing this thing so that will help you in future if that girl file false case against however the content of the application is a material thing and you must consult a lawyer and take his advice before getting your application right since there are many factors in a many things that you don't know is to mention that your advocate knows to mention or to ommit the same. if you want your write a proper and effective application then you can consult me.