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What to do can this be quashed 376 / 417


12-Mar-2023 (In Criminal Law)
Dear AdvocatesThere is a case where a learned lady has given different versions in FIR/161 and 164. In FIR she talks about false promise to marry, actual rape and cheating. In FIR time of rape is not present. She mentioned rape happened in june and july when she went to his place by travelling 300 Kms to his home. In 164 there is no rape given and also no mention of june and july. In 161 two months rape happened she said in feb and march but no mention of june and july as given in FIR. What happens in such cases
Answers (3)

Answer #1
705 votes
161 Cr. P.C does include actual accused and suspects. The failure of the Magistrate u/s. 164 CrPC to put such questions from which he could ascertain the voluntary nature of the confession detracts so materially from the evidentiary value of the confession of an accused that it would not be safe to act upon the same. Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #2
818 votes
on the basis of the information provided, you can file a Quashing petition before the Hon'ble High Court of Bombay. based on the inconsistencies in the statement, the FIR can be quashed by the Hon'ble High court in exercise of its inherent powers.
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Advocate Mikdad Zummerwala

Adv. Mikdad Zummerwala

LawRatoMumbai | 100+ Answers
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Answer #3
604 votes
Yes you can come out of this case. It is a very strong ground that there are material contradictions between statement recorded under 164 of IPC and FIR You should approach the High Court for quashing for the FIR on this ground alone that there are material contractions between the FIR and the statement recorded under 164 of IPC
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Advocate Anoushka Goyal

Adv. Anoushka Goyal

LawRatoMumbai | 25+ Answers
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