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Can statement under 164 taken back for IPC376 if victim wants to do so
22-Sep-2023 (In Criminal Law)
woman filed rape case against a man, IPC 376 has been charged by police in FIR. And woman also given statement under 164. In medical examination nothing observed like rape. But now man got high court arresting stay. High court said that man cannot be arrested until IO have credible evidence against that man. Now woman wants to take back FIR lodged by her as she changed her mind. She also filed application with affidavit to SP that she have lodged FIR due to influence of some people and now i want to take it back. Now how can that FIR can be dismissed? or what is next procedure so i(man) can be saved from this.
you can go to the high court for the compounding of the offence and state on affidavit before the high court that the allegations were made due to the influence of someone and now she wants to withdraw the case.THere is an order of Hon'ble High Court Lucknow bench in which it has quashed the F.I.R . there is also a judgment of Hon'ble Supreme court i.e gian singh and that also it has provided that on what grounds the F.I.R can be quashed.
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Adv. Shilpi Gupta
Lucknow | 25+ Answers
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Helo..after analysing your submitted theory that a FIR has been registered u/s 376 IPC upon you .after that you filed a writ before hon'ble court with credible evidences that you are not guilty in this case and got the arrest stay till the submission of charge sheet.In the mean time victim gave a affidavit before SP that the your are not guilty.the FIR has been lodged by her that the results of some people influence.now the IO/CO of this case can help you out .after taking affidavit of that girl he will move a application before magistrate for the re statement of that girl showing the causes. Then he will produce that girl before the magistrate. For further detail ,you can contact to me through process. Thnx
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Adv. Bharat Dixit
Lucknow | 25+ Answers
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