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How to take back the case filed against the one who had raped?


02-Dec-2023 (In Criminal Law)
One of my friends was raped in 2017 in Mumbai, for which she had filed a case against him. The Public Prosecutor has not been assigned yet. Since she's totally fed up of the mental trauma, she doesn't wish to continue the case anymore. So on this, there a few questions popping in her mind -- 1. Can she take back the rape case filed against him a few before? 2. If she takes back the case, will she be punished by the court of law for having wasted the time of Police and Lawyers? 3. Can the accused take undue advantage of this, and can he file the fake case against her because of his political affiliations? 4. After having taken back the case, if the same person rapes her again, will she be permitted to file the case against him again? Please respond to every question above in detail. She needs your help.
Answers (2)

Answer #1
827 votes
Well, questions which you have asked, answers of all such questions cannot be answered here in a detailed manner. Better, you should seek Phone Consultation or meet in person. I will guide you properly.
Answer #2
764 votes
You cannot withdraw such cases as it is considered as an offence against the state and therefore state prosecutes the offender in these cases. However, when the accused and complainant decides to settle the issue amicably then they may approach high court for quashing of FIR and chargesheet by mutual consent.

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