Can we settle false rape case matter outside the court?

573 votes

It is totally your choice and your partner choice. yes can try to settle matter outside if you can personally I feel you should have a trail and think this think doesn't happen to other as a citizen of this nation you should be more responsible.

Advocate Avinash Jain LawRato

829 votes

1stly, you can not marry with this lady as she has not taken divorce from her husband. On the contrary there can another section be applied against you of Adultery, in which you are having sex without consent of her husband with her. So in the future definitely Police/Court will add this Section if they take cognizance of this offence.
The next aspect is you alleged her many affairs in the past. Unless you have proofs, all these are allegations against allegations. And having many affairs do not absolve you because you are admitting you are having affair with this lady. You are treating it as she was having affair in the past means she is easily available, it means you are not man of virtue, it goes against you in the Court of law.
Now FIR is lodged against you anticipatory bail is taken but charge sheet is not filed. Generally in such offences unless charge sheet is filed there is a less possibility of settlement. Many times even on the basis of FIR also settlements have taken place in the Court, it depends upon particular Court's approach, if she is ready for settlement.
There is a little twist I sense in your question, you claimed on the basis of false promise of marriage Sec 376 & 417 is lodged against you. It seems impossible considering she is already married, so you can not have sex with a married woman on the basis of false promise of marriage. She knows she is married and not divorcee and when you make such promise she had sex with you, it means there was her consent to have sex by her own will and she knows very well that you can not legally marry with her. So there can not be Sec 376 & 417 at all. So I would like to suggest you instead of settlement go for quashing of FIR, because this lady is not virtuous and Law helps to only virtuous people.

Advocate Sheetal Pawar LawRato

902 votes

You could file an application for quashing of the FIR before the High Court.
You would first be required to ensure that the complainant is endorsing the idea of settling the matter out of court. Once she consents to settling of dispute, you could initiate the proceedings for quashing.

Advocate Akshay Kulkarni LawRato