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u/s 376 2n and 506 pretext of rape, everything done mutually
16-May-2023 (In Criminal Law)
Hi,
FIR Brief:
my brother had a relationship with a girl from 4-5 years, my brother and girl loved each other
they had intercourse so many times approx. 50 times, girl and we are neighbour,
my brother also went to girl home and talked with their parents about marriage and they agreed,
but 6 months ago few people of our society seen girl and boy together and they did panchayat
in our area and said girl and boy in our village like brother and sister they can't marry and pressurized us
my brother and girl both agreed and decided not to marry and seperated mutually, but my brother again approched girl
and said he will marry her only, and they again did intercourse, and recently they had a fight and her parents and she complaint for my brother
in police station u/s 376 2(n) and 506, can you please let us know what to do in this case?
Few things we knew from chargesheet:
1. Girl didn't done Medical
2. They did everything mutually
Question:
1. Can we quash the fir?
kindly assist.
quashing will be difficult but if you get us everything, we will tell you the way out. Courts cannot decline to quash a criminalÂ
caseonly because it deals with a complaint
quashing is difficult to get, trial will have to be conducted. Medical evidence is not the only evidence, it is at best an expert opinion, so don't go by this only
the best way to beat it is at trial through examination of witnesses
caseonly because it deals with a complaint
quashing is difficult to get, trial will have to be conducted. Medical evidence is not the only evidence, it is at best an expert opinion, so don't go by this only
the best way to beat it is at trial through examination of witnesses
Helpful?
50+
50+
Adv. Jaitegan Singh Khurana
Delhi | 100+ Answers
CONTACT NOW
as you are saying that your brother and a girl are in relationship and they are involved in the relationship along with intercourse with each other many times but after interference of the family decided that the couple are having a relationship with each other and they should be engaged with digital only by uniting them with the marriage text between them by both the families and both families are agreed on this. But due to the interference of the local people in local panchayat objections raised by saying that both the children's belong to the same village or same area of same locality hence they are win today's brothers and sisters and they are not allowed to get married with each other is married couple so the local Punjabi local people force both the families break the marriage settlement with each other and the children have to be separated Richa but due to the love and affection of the couple couple try to separate but still thickness of themselves to come close to each other once again and had intercourse with each other now now due to due to the unavoidable reasons between the families WWE fight with each other and and this tension the father of the girl yesterday FIR 376 and 506 IPC against the boy in this matter matter Into the FIR NDS fire can b request
Helpful?
49+
49+
Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
CONTACT NOW
this is a very common occurrence in present times where the girl and/or her parents resort to use these provisions for the incident you described. you can go for quashing of FIR but the quashing being allowed depends upon the facts and circumstances of the case.
Helpful?
43+
43+
Adv. Rohan Sharma
Delhi | 200+ Answers
CONTACT NOW
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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