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How to quash the false rape and dowry case filed by ex-girlfriend?

Shivendra Pratap Singh


24/06/2020/ 6:45:34 PM

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Can the court quash the false rape and dowry case filed by an ex-girlfriend? I knew a girl in the past 9-10 years. I genuinely wanted to marry her. When I got a good job, I sent my appointment letter to her. Her parents came to my home and we continued with the matrimonial process.

Suddenly after 1 month the girl called me and told me that she does not want to marry. I tried to ask the reason but she didn’t tell properly. I went to meet her, but she didn’t come. After 2 days I called her but she said that you don’t spend money on me and we are not compatible, hence she will not marry me. I was deeply hurt by her behaviour. I tried to contact her parents, but they blocked me. I have audio for all that is mentioned.

I moved on, however after 6 months the girl again approached me, she felt sorry for all that happened. But this time I said big no. She kept on calling and messaging me saying sorry and asking for marriage. I explained to her that it’s you who said No, now also I will not spend money on you, still, all the old situation persists so why are u marrying me. She replied her parents are forcing me to get married to you. This was shocking, I said no. But she persistently said sorry. So, I changed my heart. I said ok.

I did a pre-engagement ceremony with her, I spent all money, it was at my residence. After the ceremony, the girl again started fighting with me. Most of the time she blocked my Number. I could not talk to her. I sent many messages that please talk or I will break up. Her parents also blocked me. I was frustrated.

Their behaviour seemed dubious so I started searching about them, to my surprise they all were fighting court cases u/s 354, 307,506,406, harassment etc. This was never told to me, I got frightened and I broke the future marriage. Now they are accusing me of dowry demand and false rape case.

I had no physical relationship. This the girl acknowledged in at least 5 different audio calls. But she may be having chats which give the impression that we had intimacy. No pics, No videos etc.

  • Can I be implicated when initially she denied marriage?
  • I always genuinely wanted to marry her, she soured the relationship.
  • Will audio, SMS, chats will help me to prove that her allegations are wrong?

Question from: Telangana

She can file a rape case

Section 375 of the Indian Penal Code defines the offence of rape. This offence relates to sexual intercourse without the consent of the prosecutrix. You had no bodily relationship with her and also and she had no documentary proof thereof.

However, the court accepts the statement of the girl as a basis to initiate a criminal proceeding for the offence of rape. The court does not need any documentary evidence at the investigation stage. Police have the power to investigate if he finds that information discloses a cognizable offence.

Rape is a cognizable offence and permission of the court is not necessary under section 156 & 157 crpc. Neither court nor police requires any documentary evidence for conducting an investigation. Therefore, she can file an FIR on the false information of rape and police can investigate on that information.

This is not a hard and fast rule that the statement of prosecutrix is true in respect of offence of rape. But her statement is sufficient to launch the criminal proceeding against the accused.

You have enough evidence to disprove this case

The audio recording in which she admitted that she had no sexual relationship, is relevant evidence. There was no coercion, ill-motive and clandestine intention behind the relationship.

You had been in a relationship for the past nine to ten years. This fact is undisputed because you cannot deny this fact. This long relationship infers that you both were in a relationship with your free consent.

Suppose that you were in a bodily relationship during the said period. When there was free consent then such bodily relationship will not amount to rape. More importantly, you were ready to marry her since the inception of the affair. Thus, there was no cheating or ill-motive from your side.

The law is very clear on this point. If the boy had the intention to marry the girl but afterwards due to some other reasons, he does not fulfil his promise then the girl cannot say that he has cheated her or the bodily relationship is the amount to rape.

So, no offence of rape is made out in your case. You have documentary evidence and admission of the prosecutrix that she had never been in a sexual relationship. This evidence is relevant and admissible in court. The admission of fact becomes conclusive if it corroborates with other evidence.

She concocted a false story

You offered for marriage and solemnize betrothal or engagement. Till then she never complained about the rape etc. All this story surfaced after your refusal of the marriage. This shows her conduct that after the refusal of marriage she concocted the false story and filed this false case.

The admission (audio recording) corroborates with the fact of engagement and refusal of marriage. It shows that till the engagement there was no such allegation. When you refused the marriage then she made these allegations.

Allegation of dowry is unsustainable

You have offered to marry and performed an engagement ceremony at your home. Due to some untoward reasons, you refused to marry. All this incident happened after the debacle of the engagement ceremony. It shows her conduct that she wants to take revenge. Thereupon she filed this false case.

Quash the false rape and dowry case

You should file a petition before the High Court for quashing of this criminal proceeding. Section 482 crpc empowers the court to quash the false and frivolous criminal proceeding. The false FIR is an example of abuse of process of the court. Therefore, the court may quash this false criminal proceeding.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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