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How can a rape case filed against a person be withdrawn? Can a rape victim drop the charges?


17-Jul-2024 (In Criminal Law)
Sir, I was in a relationship with a man for three years and had physical contact with him. He married another woman without informing me and continued our relationship. After his wife and I discovered the truth, we both filed a rape case against him. The magistrate has recorded our statements, but now his family is in dire straits, and I am feeling uncomfortable about the situation. Is there any possibility for me to withdraw the case? Please advise if it's possible to drop rape charges.
Answers (5)

Answer #1
234 votes

In criminal cases, the victim's cooperation is often crucial for prosecution. If the victim decides not to support the case, whether due to personal circumstances or other reasons, it may result in insufficient evidence to continue. Consequently, the investigation or trial against the defendant might be halted or closed, as the court relies heavily on the victim's testimony and cooperation to proceed.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
980 votes
Yes you can withdraw the criminal Case under section 376 of IPC against your ex. But that will be not that easy. You have to prove for change in circumstances to the extent of reasonable doubt. Both party if try together than it will be easy. Thank you!
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Advocate Amit Ranjan Mishra

Adv. Amit Ranjan Mishra

LawRato Lucknow | 50+ Answers
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Answer #3
760 votes
You have not stated as to what statement both of you gave before the magistrate. I m supposing that you gave statement against the person and in that case and that may land him in trouble. You can't compromise in the case as rape case is not compoundable but there is a way out and that is if evidence is led against the accused person you may retract from your previous statement by becoming hostile and that may save him from the case.
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Advocate Ram Prakash

Adv. Ram Prakash

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Answer #4
674 votes
If u are not married and , u admitted that your consent was with the person than you can file qn affidavit with the help of your lawyer , magistrate can compound that case and dismissed the complaint, however that sections are not compoundable but lawyer can ready a good affiliate for disposible of case thanks
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Advocate Avdhesh K Sharma

Adv. Avdhesh K Sharma

LawRatoNoida | 25+ Answers
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Answer #5
558 votes
It would depend on what stage the case is, you make an application to withdraw your complaint, but have you lodged an FIR or have you filed case in court of the magistrate, on will need more details to guide you so i would suggest that you take advise from the counsel to know how to go about the case.
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