Can I reopen a case that was closed due to settlement
17-Dec-2023 (In Criminal Law)
Sir, my in-laws and my husband harassed me and my brother in law attempt a murder on me so my father gave 307 case but my in-laws told to withdraw the case now they are not responding is there a way to reopen it almost 1 and half year passed now can I reopen it??
Dear Sirs,
You cannot reopen a case once it is settled or compromised. However, if there are any new offence committed by them, you can register an FIR or file a complaint before the court.
Regards,
Sadanand
You cannot reopen a case once it is settled or compromised. However, if there are any new offence committed by them, you can register an FIR or file a complaint before the court.
Regards,
Sadanand
Can we take case back from court?
There is no way back once the investigation is completed and a final report has been filed. In such cases, the complainant and witnesses usually testify in court as if it was a false complaint, in order to get the accused acquitted. Do I have legal grounds? What is the IPCs general exception?
Can a case be withdrawn after charge sheet?
The FIR is usually the basis for quashing. Not on the basis Charge Sheet. The trial court can discharge an accused if the charge sheet does not reveal the crime. After filing a charge sheet, a person can also seek to quash the FIR.
How do I withdraw a 376 case?
Once the FIR has been filed, the accused must face the trial and complete all proceedings. You may be able to get acquitted if the complainant is willing to cooperate with you.
Can a victim withdraw a case?
According to Section 257 of the CrPC, the complainant may withdraw the criminal complaint by submitting a written request before the Magistrate handling the case. 21-Feb-2018
At what stage was the complaint when you withdrew it? Did the police register an FIR? Was any investigation carried out?
If no FIR was registered, then the case was as good as non-existent. Please revert with further information and I will be able to guide you.
If no FIR was registered, then the case was as good as non-existent. Please revert with further information and I will be able to guide you.
Hi, If the case is filed and not yet withdrawn by the victim then we can file writ petition in the high court for the directing the action.If the case is withdrawn then we may not able to reopen it but there are possibilities to file it again. You need to consult a lawyer for doing so.
Dear madam,
First of all the detail of record and allegation has to be seen then ,what all were contents of settlement and if any agreement then something can be suggested ,do contact at earliest ,at our office : Adv Pankaj Kumar & associate..
First of all the detail of record and allegation has to be seen then ,what all were contents of settlement and if any agreement then something can be suggested ,do contact at earliest ,at our office : Adv Pankaj Kumar & associate..
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