How can we withdraw a Rape case already filed?

In Criminal Law

a friend of mine was raped on the context of marrying by a person. she then filed a case. by now the girls family is thinking of the reputation and wants the case to be withdrawn and wants to finish it. they do not want any leaks from the case. can the boys family file a case back on her. what can we do.

Answers (3)

274 votes

Please inform whether an FIR stands lodged and if yes, as to what is the status in the said FIR. Normally, the rape complaint cannot be withdrawn. However, you should seek an appointment with the lawyer for proper advice.

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172 votes

No.After judgement of supreme court any rape case decide on marrits. so now no procedure for withdrawn rape case. and also provide copy of fir and both counter cases after that I will provide legally advice on merits. Thanks

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Dear Querist

Your query is unclear. However, precisely speaking, these days the courts are very strict and do not allow a complainant to withdraw a case with heinous charges 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. There is no guarantee though. In fact, in certain cases, the court goes on to fine you or in a rare case may even put you in imprisonment for filing a frivolous case. so choose your lawyer wisely, one with a face value and credible repute before the judges. FIR can be quashed by approaching the HC by filing a quashing petition u/s 482 CrPc. Rape cases are not quashed in Delhi HC, as seen as a matter of practice. I suggest you don't try a a quashing and let the matter proceed. when the case reaches the stage of evidence, the complainant may give contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges. Good luck.

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