How can a case filled u/s 376 be withdrawn ?
04-Dec-2023 (In Criminal Law)
I was married and blessed with two kids.I was raped by my neighbour and family friend in January 2017. He was a yoga master and have 7 years old daughter and facing divorce case in high court on that time .my husband was under vassactami in 2011 suddenly I got pregnancy in January I was shocked and asked to yoga master , he agreed on that time and requested me to don't Reveal About him as his father was suffering from heart attack I was disturbed due to abortion and this issue and committed suicide but God didn't blessed with death he got married with one widow in this may 2017 as his divorce case was dismissed on April 6th 2017 . I FILED 376/420 case in September 2017 ,. Medical test was done to me and statement in front of magistrate is left(164) now I want to withdraw this case as I was totally fed up with enquiries and my health struggle as well as family disturbances please let me know exact procedure of withdrawl
as you have lodged non-congnizable procedure against the accused there is no procedure to withdrew the case but can be hostile but if you got hostile the accused can file 499 and 500 crpc proceedings against your for defamation etc., so please be advised
Helpful?
34+
Hi
Generally a case filed under section 376 cannot be withdrawn unless and until the high court permits you to do so.
So you can try filing a quash petition at High court u/s 482 of cr.p.c and plead. But you also need to demonstrate to the high court the following:
a) The rape charges filed by you are not false and
b) The petition for withdrawal is on account of severe stress caused to you.
c) that there is no compromise between the victim and the accused.
In general rape is an offence against the society . though you are the victim, the courts pursue the charges against the accused in the interest and welfare of the society at large. So you need to demonstrate all of the above and your lawyer should be able to convince the court of the necessity to quash the petition in the interest of victim.
Generally a case filed under section 376 cannot be withdrawn unless and until the high court permits you to do so.
So you can try filing a quash petition at High court u/s 482 of cr.p.c and plead. But you also need to demonstrate to the high court the following:
a) The rape charges filed by you are not false and
b) The petition for withdrawal is on account of severe stress caused to you.
c) that there is no compromise between the victim and the accused.
In general rape is an offence against the society . though you are the victim, the courts pursue the charges against the accused in the interest and welfare of the society at large. So you need to demonstrate all of the above and your lawyer should be able to convince the court of the necessity to quash the petition in the interest of victim.
Helpful?
31+
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."