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HOW CAN I WITHDRAW CASE OF SECTION 376 IPC FILED
17-Jul-2024 (In Criminal Law)
Sir, an FIR was filed on 24th May under Section 376 IPC. The accused has been granted bail, and all parties, including the IO and PP, seem to be supporting him. Sir, how can I withdraw this case? Whom should I approach? I consulted a lawyer, but he said that a Section 376 IPC case cannot be withdrawn. Please guide me on where to apply for withdrawal.
You cannot unilaterally 'withdraw-an FIR for rape (earlier s.376 IPC; now the offence and punishment provisions are in the Bharatiya Nyaya Sanhita) -only the police/court can close the investigation or a court can quash the proceedings; bail does not terminate the prosecution. The usual route is: (1) inform the SHO and file an affidavit stating you do not wish to prosecute so the police may file a closure/no'case report with the Magistrate under procedure in the BNSS, but the Magistrate may still order further investigation; (2) if police do not close the matter or a chargesheet is filed, the appropriate remedy is a petition to the High Court invoking its inherent jurisdiction under Section 528 BNSS to quash proceedings -quashing is permissible only in rare/exceptional facts and not as a routine compromise. The Supreme Court recently reiterated this exceptionality when it quashed connected FIRs including a rape FIR in Madhukar & Ors. v. State of Maharashtra (14'7'2025), while older precedent (State of Haryana v. Bhajan Lal) sets out the categories for quashing in appropriate cases. See the BNS (rape provisions) [https://www.indiacode.nic.in/handle/123456789/21420], the BNSS (inherent/quashing powers) [https://www.indiacode.nic.in/handle/123456789/21920'locale=en], Madhukar & Ors. v. State of Maharashtra (Supreme Court, 14'07'2025) [https://indiankanoon.org/doc/60287263/], and State of Haryana v. Bhajan Lal (leading quashing jurisprudence) [https://indiankanoon.org/doc/1558396/].
Withdrawal of a case filed under 376 IPC is not allowed as per the law. 376 dhara kya hai? It deals with the offence of rape and its punishment under the Indian Penal Code (IPC). The main objective of dhara 376 is to protect the dignity and bodily integrity of women. Since rape is considered a crime against society and not just the victim, once a case is registered under Section 376 IPC, it becomes the State?s responsibility to prosecute the accused and seek justice.
However, in exceptional cases, the Supreme Court has allowed withdrawal under compelling circumstances, such as false allegations or an amicable settlement. The decision lies at the court?s discretion, based on the specific facts and circumstances of the case.
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Adv. Chikirsha Mohanty
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- Section 257 Cr.P.C.: The complainant can file a petition in court to withdraw a criminal complaint.
- Section 321 Cr.P.C.: The public prosecutor can file a petition in court for withdrawal.
- Section 320 Cr.P.C.: A compromise petition can be submitted in the appropriate court.
- Section 482 Cr.P.C.: The High Court can quash the FIR if a joint petition is filed by both the complainant and the accused.
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Adv. Vikrant Nilesh Goyal
Adv. Vikrant Nilesh Goyal
Delhi | 5+ Answers
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Adv. Sahej Uban
Adv. Sahej Uban
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