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HOW CAN I WITHDRAW CASE OF SECTION 376 FILED


12-Sep-2023 (In Criminal Law)
SIR 24MAY KO FIR KI GAYI CASE HAI SECTION 376 KA, ACCUSED KO BAIL MIL GAYI , SARE LOG IO PP SAB US KI TARAF HAI , SIR MAI YE CASE WTHDRAW KAISE KARU KISKE PASS JAUN LAWYER SE PUCHA TO WO KAI RAHE SECTION 376 KA CASE WTHDRAW NAHI HOTA, AAP BATAYE WTHDRAW KARNE KE LIYE KISE APPLICATION DENI HOGI
Answers (4)

Answer #1
177 votes

Withdrawal of a case filed under Section 376 of the Indian Penal Code (IPC) is not allowed, as per the law. Section 375 and Section 376 of the IPC deal with the offences of rape and punishment for the same. The main objective behind the criminalization of rape is to protect the dignity and bodily integrity of women. The crime of rape is considered as a crime against the society and not just the victim.

Therefore, once a case is registered under Section 376, it becomes the State's responsibility to prosecute the accused and secure justice for the victim. The victim cannot withdraw the case on her own, as the case is not her personal matter, but a matter of public interest.

However, in certain exceptional cases, the Supreme Court of India has allowed the withdrawal of a rape case under compelling circumstances, such as when the parties involved have amicably resolved their disputes or when it is found that the allegations are false and maliciously made. The decision to allow the withdrawal of a rape case is based on the specific facts and circumstances of the case and is at the discretion of the court.


People also ask

How do I withdraw from 376?

Once the FIR has been filed, the accused must face the trial and complete all proceedings. You may be acquitted if the complainant is willing to cooperate with you.

How do I compromise in 376 IPC?

Allahabad High Court confirms that 376 IPC or POCSO can't be annulled based on a compromise reached between the accused and victim. Allahabad High Court has said that power to quashing criminal cases should be used very sparingly, with caution and in the rarest and most rare of cases. 14-Apr-2023

How do I settle IPC 376?

The section 376 IPC constitutes a serious offense. High Courts cannot quash a rape allegation based on a compromise agreement reached between the accused party and victim, unless the reason is strong enough. A wife dies naturally, yet a FIR is lodged under sections 302 and 498 (A) IPC. The police then file a charge sheet under section 498(A).

How do I defend Section 376 IPC?

You may be able to get some help from recordings or chats that claim you werent at fault. You can also file a countersuit claiming that she is giving false information or defamation. You cannot prove false rape in court with anything definitive.

  
Answer #2
541 votes
the courts are very strict nowadays and do not allow a complainant to withdraw a case as that of rape etc.. There is a very bleak chance that in view of a genuine reason for withdrawal, the court may allow you to withdraw the case. If the Complainant and the Accused agree or come to an understanding outside the court then the criminal case or FIR can be withdrawn by any of the following appropriate steps:
1: Under Section 257 of Cr.P.C Criminal Complaint can be withdrawn by the Complaint by a petition to the court.
2: Under Section 321 of Cr.P.C Criminal Complaint can be withdrawn by a petition to the court by the Public Prosecutor.
3: Under Section 320 of Cr.P.C a Compromise Petition can be filed by the Complainant in the appropriate Court.
Step 4: Under Section 482 Cr.P.C Quashing of FIR can be done by the High Court by a Joint Petition by the Complainant and the Accused.
Answer #3
863 votes
Hi,
agar apko case withdraw karna hai to aap case pursue na kare aur settlement ki baat karle.
Aap merse fone pe baat kar sakte hai..me apko guide karskta hu ki ab apko Kya karna chahiye.
All the best

Answer #4
575 votes
it is correct that you can not withdraw a case under section 376 of Indian Penal Code (IPC) since IPC does not allow such crimes to be compounded (compromised).
I might be able to help you if you visit me personally.

- Section 376 of IPC

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.

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