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STUCKED IN FAKE RAPE CASE AND WANT TO QUASH THE FIR SO PLEASE ADVICE M
31-May-2023 (In Criminal Law)
dear sirni have stucked in a fake rape case by my ex gf. in starting we have consensual sex without promising of marriage. she mentioned in FIR that in first sex i have given some alcohol in drink and forceful raped her and make some nude video and then make promise to marriage and in second time without her consent i again do sex with her. after 26 days i got regular bail on my merit basis. so now want to ask can i go to hc for quash this FIR without compromise with girl or not?
Yes...you can always approach the High Court for the quashing of the FIR that is registered against you. But it's advisable to compromise with the girl because it becomes easy to quash after the settlement deed has been drafted between the parties. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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hello client as a matter of facts which you have mentioned above is not simple offence its a matter of 375 ipc . yes we can move gor quashing in HC but before moving for quashing we have to analyse tht what evidence we are having and why HC will consider us . for tht we need full evidences as well as full proof examination is required by our self of situation .
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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For fake case you have option to challenge the chargesheet with FIR. At this stage, If you will challenge only FIR then it is impossible for quashing because there are clear allegations which refer to forceful sex. But after filing chargesheet if there will be no evidence material which convert a legal evidence against you then you may get quashing. Kindly refer Bhajan Lal case (1992 AIR 604 SUPREME COURT), in which criteria has been explained for quashing. You may contact me for further free discussion.
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Adv. Harbansh Kumar Chaturvedi
Delhi | 100+ Answers
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Quashing can be done on merits or on the basis of compromise. On merits it’s only possible if you have conclusive evidences in your defence.
You need to hire expert advocate in this matter.
Kindly b in touch
You need to hire expert advocate in this matter.
Kindly b in touch
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Adv. D. Khan
Delhi | 500+ Answers
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definitely you can go to the high court for quashing the FIR but you should have sufficient proof/evidence in your favour so that we can prove in the high court that you are innocent and your girlfriend made a false case against you.
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Adv. Sachin Jain
Delhi | 25+ Answers
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