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376 case on 18 year old with consensual sex with 17 year old
03-May-2023 (In Criminal Law)
I'm 17 and my boyfriend is 18, it was consensual sex and i recently got pregnant and to abort i was forced to file a FIR, he is now in jail. is it possible to withdraw or for him to get out?
if your parents are agreeable to withdraw the complaint on the basis of that the said act was done by consent and in future you both are going to marry each other so it can be done.
for that you need to approach Honble High Court for quashing of FIR, there you as well as the original complainant has to give consent affidavit of taking back complaint.
as you have mentioned that the boy is behind the bars initially you he has to apply for Regular bail, wherein you need to give additional statement to the Police.
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Adv. Akshay R Kapadia
Mumbai | 100+ Answers
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Yes, you have to prove in court that you are not 17 & as such, you are 18 by producing such Birth Certificate & Marksheet Certificates which reflect that you were 18 while indulging in pleasurable sex & as such, it was consensual. You have to give this Statement before the Judge & on Affidavit.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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