Advocate Yash Garg

Questions Answered by Advocate Yash Garg

Q: Hi LawyersOne of my friend is fighting a false 376 case alone and the prosecutrix is a very learned

Hi LawyersOne of my friend is fighting a false 376 case alone and the prosecutrix is a very learned person in society. In FIR she mentioned to have met the accused in two different places of india one in jan and second in feb, and later in statement she mentioned that she came to location1 and booked a hotel and they both stayed together, then again in feb she came to his area, both of went by flight to south india roamed around. Now in FIR she didnt mention these details. The guy never went to girl's home state or house. THis learned woman herself is coming to his area again and again on her own. Now she says that he decieved her for sex while she says that in march he did promise of marriage which is one month later than FEB where in January and feb they both were in hotel room together. Boy has the proof for all that. In FIR she mentioned she met him in south India which is false. nnAdding to it, she came in april and may tooCan the guy come out of it. What needs to be done.

Advocate Yash Garg answered
you can immediately challenge the FIR directly before the High Court under Article 226 of the Constitution of India with the prayer to quash the said FIR as it is based on totally false and frivolous facts. If the FIR gets quashed then there will be no need to obtain any kind of bail etc and your friend will be free from all charges. For further reference you can contact my chambers

Q: FIR given by a lady whose age is 40 saying that she

In an FIR a lady whose age is 40 has written that the breakup with a 32 year old guy has created trauma for her and filed an FIR. Now the boy has proof that before filing complaint which is 4 months later of the breakup, she was involved in many co-curricular activities like giving guidance and advices to PhD students as well as searching a guy on matrimonial website using photos that have been clicked by the boy. Nowhere it showcases that she is in any trauma.

Advocate Yash Garg answered
Prima facie it appears that This FIR is malicious ,arbitrary and has been lodged with the purpose to cause harassment of the other party. Therefore, such kind of FIR can be directly challenged before the High Court under Article 226 of the Constitution of India with the prayer to quash such kind of FIR.

Q: Bailable warrant issued in FIR under 498A, will police arrest us?

Dear Sir / Ma'amMy younger brother's wife filed FIR against him and also against my parents and me and my wife in 2020 under IPC 498A, 323, 504, and Section 3, 4 of the dowry act. I did not know about these details as I live separately with my wife on another floor in the same houseI just got to know that the honorable court issued a bailable warrant. What does that mean and what I should do? Does this mean police will come to take us to the court or we can get bail and attend the court on the next due date without the police coming to our house?nnThank you.

Advocate Yash Garg answered
You and parents/wife can now apply and seek Anticipatory Bail from the concerned court as well as from the Hon'ble High Court . You also have the remedy to challenge the proceedings by filing a case u/s 482 CrPC before the High Court.RegardsYash GargAdvocateAllahabad High Court

Q: False FIR by wife and sister in law

I filed for divorce after 10 years marriage due to mental cruelty by wife. In counter she filed false FIR under IPC 498,307 and 377 at Agra. MLC is negative for false FIR. HC granted interim protection and referred to mediation centreNow few days back my wife connived with sister in law and got another false FIR regd IPC 498 ,307 and 376 at Firozabad. nnAim to extort money and blackmail. What should I do now ? Can I go for FIR quashing (Firozabad case) directly with HC as all allegations are false and previous matter is already in HC. i have witnesses too..only my wife is trying to be witness of alleged rape due to her evil plan to frame me.

Advocate Yash Garg answered
I also belong to District Firozabad. You dont have to be worry because you have a very good case to challenge the FIR lodged at Firozabad and seek quashing of the FIR along with arrest stay.RegardsYash GargAdvocateAllahabad High Court

Q: Girl filed false fir for 376, 377, 504 & 506

Hi sir/mam,nA girl has filed 376 case on me and Added my whole family member name saying they are asking dowry. Abhi baat shaadi ki v ni huyi thi and wo dowry and aur bahot sare jhuthe ilzam laga rhi.mere kuch questions hai.1. Ky mai fir quash kr skta hun.2. Ky mujhe anticipatry bail mil payegi.3. Meri family ko mai insab se kaise nikalu.Please help or guide me. I stay in kanpur and i am very stressed and depressed.

Advocate Yash Garg answered
You dont need to worry or get tensioned. If the marriage has not been solemnized then offence u/s 376 is not made out and it is a false case. At this stage you can directly challenge the FIR before the Allahabad High Court for the quashing of the FIR and also to get arrest stay.Dont worry!