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Can the complainant withdraw rape case filed in the criminal court


22-Apr-2023 (In Criminal Law)
Before 4 years we had charged a case against a boy.and now my sisters marriage is been fixed and we want to close the case before the marriage.cab we do compramise with them.or what can we do
Answers (3)

Answer #1
783 votes
No. Earlier it was alowed with the High Court's consent under Sec 482 of CrPC. However, Supreme Court judgment in re: Gian Singh's case a few years ago does not allow that anymore. Hence, FIRs/ Complaints in case of henious crimes cannot be 'settled' or 'compromised' with the Accused
Answer #2
500 votes
Proper legal advice can only be given after knowing all the facts of the case. Rape is a serious crime against society and it is not in your hands to take back the case as the state files the matter in court. However, the accused can approach High Court to quash FIR before trial.
Answer #3
856 votes
Hi. If you want to widraw the complaint then first you enquired if police filed chargesheet before the court then gave your sister affidavit before the magistrate she dont want to proceed in the said case. Otherwise if chargesheet not file same affidavit can be filed before Investigation officer who have charge. Or you may compromise before the court and denied all alegations against that boy .

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