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How do I withdraw/drop charges of rape?
10-Jul-2023 (In Criminal Law)
3 years ago, I had filed a case against my ex-boyfriend for developing intimate relations on the basis of promise of marriage. Initially I didn't want to add IPC 376 as I was hesitant, so the police had only added section 354 to the FIR. The accused and his family had filed for quashing in the HC which got dismissed in 2018. The case then went to district court. I was advised to add section 376 if I wanted to keep the case going. Confused, I agreed to do that. I also gave my statement to the police.
Now one year later I have decided I don't want to continue this case anymore as it is causing immense mental stress to me. The status of the case is that the "argument on charge" is going on to decide whether or not IPC 376 is made out. The chargesheet has been filed but I believe the section has not yet been added as the argument is still going on. What can I do right now? Can I submit an affidavit dropping the charges? Please advice.
hi it is really nice to see you at lawrato. as per your query you can withdraw your case at this stage and get rid of litigation stress. we can help you in getting the case withdrawn at a most affordable and simple manner. please feel free to contact me for any further assistance.
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Adv. Anupam Kumar Mishra
Delhi | 200+ Answers
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A complainant can withdraw his complaint at any time until
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Section 376 is a non-compoundable offence, hence no compromise/settlement can be done regarding that section. Submitting an affidavit that you falsified charges may lead to your prosecution by your ex under section 211 of IPC which is punishable for 7 years. You have not mentioned who adviced you to add false charges to your FIR.
You need to approach the High Court u/s 482 CrPC to quash the FIR and other proceedings mentioning all true facts.
You need to approach the High Court u/s 482 CrPC to quash the FIR and other proceedings mentioning all true facts.
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You can settle the case with other party and then jointly file quashing petition at the High Court, if you completely want to drop the case. If you only want to drop the charges of rape than it will be better for you to explain why you levied these charges at first place. Otherwise you can yourself have to face charges for levying false allegation and speaking lie in court. Be very careful in handling court proceedings.
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Adv. Vibhor Agarwal
Gurgaon | 100+ Answers
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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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