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Process of withdrawing a Rape Case currently under trial
23-Aug-2023 (In Criminal Law)
A friend of mine filed rape case which is under trial, she is very depressed and has been abondoned by family and husband. She had her 2 kids with her and now is unable to bare the pressure of the case...She has developed suicidal tendencies.We want her to withdraw the case and start the life again. Is it possible to do so
No. In law, the complainant cannot withdraw cases when it deals with certain grievous offences (Gian Singh vs. State of Punjab). Being a state case, only the state had the power to withdraw prosecution.
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Adv. Rajat Agnihotri
Delhi | 25+ Answers
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There is no way by which criminal trial can be withdrawn and specially a charge of rape....she need to discuss the issue with the Learned criminal lawyer and she can be counseled or the way out can be discussed... For any further query you can contact us
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Adv. I.A. Alvi
Delhi | 25+ Answers
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Sir,
There is no scope for withdrawal. But, it may be quashed by the High Court or the accused may be discharged. It is a sensitive matter. I had done something similar earlier. The other family members, actually need counselling so that the girl is not abondoned the way she was been done as described in your mail. Please call to discuss further.
Abhinit Das
Advocate
There is no scope for withdrawal. But, it may be quashed by the High Court or the accused may be discharged. It is a sensitive matter. I had done something similar earlier. The other family members, actually need counselling so that the girl is not abondoned the way she was been done as described in your mail. Please call to discuss further.
Abhinit Das
Advocate
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Adv. Abhinit Das
Delhi | 25+ Answers
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There is no process as such provided in any of statute to withdraw the complaint during trail in rape cases...
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Adv. Manish Kumar Singh
Delhi | 25+ Answers
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If the trial commenced, you can not withdraw a case. However the accused can file a quashing before the high court and you can make a statement before the high court that the compromise between both of you has been taken place so the proceedings should be closed. After considering all the fact the court will quash the FIR as well as proceedings. All the best . Revert me.
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Adv. Atul Patni
Delhi | 200+ Answers
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