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Advocates say in 376 fake cases


28-Feb-2023 (In Criminal Law)
Facts of Case:n38year old lady files a case on 35 year old man saying he gave false promise to marry and everytime she travelled to various parts of country with him where she paid money too for stay and other things. after moving around for few months the guy thought he can marry her and start discussing about marriage. Then later he made her meet his parents post that her behavior started changing and due to fight between lady and then man they got split and breakup happened. In the entire course of the relationship the lady was on matrimonial website actively searching for grooms. There are cases where lady booked hotel rooms. Now she filed 376 case against him saying he raped her 7 months back and date and time of rape not provided.
Answers (3)

Answer #1
765 votes
The case filed under section 376 must be contested and has to be contested otherwise. You have to show the court that it was a consensual relationship between you and the lady. When a consensual relationship is proved then no offence under the above section or any other section lies.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

LawRato Delhi | 400+ Answers
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Answer #2
954 votes
such cases where a relationship between a boy and girl go bad, and the girl chooses to file a 376 case against the boy, just to teach him a lesson, do come up before the court. the court in such instances looks through the complaint and in recent cases the courts have held that in such instances invoking 376 is not right.
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Advocate Kawaljit Singh Bhatia

Adv. Kawaljit Singh Bhatia

LawRatoDelhi | 25+ Answers
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Answer #3
873 votes
you can file a petition of quashing of FIR under sec 482 of crpc and for that you have to hire a lawyer and same shall be guided by him accordingly, i think you should take immediate step show you case stays strongs.
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Advocate Prasenjit Das

Adv. Prasenjit Das

LawRatoDelhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Comments by Users

Advocate Jitendra Yadav
if you prove the cohabitation between both was out of mutual and consensual means then there is no offence made out u/s 376 IPC.

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