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Legal procedure to quash case filed u/s 376 & 420 of IPC
06-Feb-2023 (In Criminal Law)
One of my friend was in prison for almost 90 days, under sec 376 and 420 which was filled by his girlfriend. After filling charge sheet by the police officer he is out on bail. Now both the parties want to quash the case asap in high court bz girl is moving to abroad. But advocate is suggesting to go to the session court first and telling us that it's not possible to quash it. Kindly guide us the procedure ahead to take any decision.
Supreme Court observation by Justice Deepak Mishra and Justice Prafulla Pant that under no circumstances Rape case should be compromised.
Hearing the appeal filed before it, the bench of Justices Dipak Misra and Prafulla C. Pant observed, “these are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defined, the “purest treasure”, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.”
Hearing the appeal filed before it, the bench of Justices Dipak Misra and Prafulla C. Pant observed, “these are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defined, the “purest treasure”, is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.”
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Adv. Sameer Hussain
Hyderabad | 100+ Answers
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HI
In general, if both parties want to quash the case under section 420 IPC, then they should apply to the High court under section 482 of Cr.P.C as only high court has powers to quash the case.
However since it is a 376 (Rape case), high court will not quash the case in 98% of the cases. However depending on case to case basis, the high court might quash the case if the girl admits that her life is getting spoiled because of ongoing case or that she told a lie before the police etc.
In general, if both parties want to quash the case under section 420 IPC, then they should apply to the High court under section 482 of Cr.P.C as only high court has powers to quash the case.
However since it is a 376 (Rape case), high court will not quash the case in 98% of the cases. However depending on case to case basis, the high court might quash the case if the girl admits that her life is getting spoiled because of ongoing case or that she told a lie before the police etc.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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This suggestion only. u/s 376 is non -compoundable the offence one. What your Advocate suggestrd it well, try to speed up the main case for disposed immediately as concernt of defacto -complaint is with you.
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Adv. Mohammed Ghouse
Cuddapah | 100+ Answers
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