Quashing of FIR in false rape allegation

[singh r k]

Sir,
My Sister in law is blackmailing me in false rape allegation.Reason behind this is property dispute.My brother and her wife are evicted by my parents.I live in different city and not even met her since last 7 months .He blackmails that either give her money or she will file FIR against me.I cannot file FIR against her for blackmail as local daroga is also threatening us and taking her side.
Sir, If FIR is filed by her , does it became non bailable offence.Does quashing of FIR under CpC sec 482 is always accpeted by Hon. High Court or I will have to prove myself that I am not guilty.
Sir, Is that I can do anything to save myself before she files FIR.
Thank you.

[Dr. Ashok Dhamija]

You have asked questions on the same issue earlier, and this question is repetitive.

If a rape FIR is filed, it would be non-bailable offence. Rape is supposed to be a serious offence.

Success rate of petition filed in high court under Section 482 Cr.P.C. for quashing of FIR is very less, generally speaking. To succeed in such petition, you’ll have to show that no offence is made out even if the whole FIR is read on its face value by presuming the contents to be prima facie true; and this is not easy to show, generally speaking.

Remaining part of your question is repetitive, hence not replied. Please do not repeat the same question again and again.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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