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Procedure to withdraw case when POCSO charges are framed
17-Aug-2023 (In Criminal Law)
Hi My sister n her frnds were minor when police arrest one accused n filed a case under posco No family memeber is there with her so is it the right way to filed the case from my sister side by the police. ? N now we r very disturb becouse they guys r calling her in court even she don't want to go they guys are forcing us to go for the case to the court we want to go out of it How can we go out of it. Becouse she is studying now so she don't want her self to be in such case
you can file for quashing of the FIR in the high court and settle the dispute with the opposite party. a joint petition can be filed from both parties or just a single one and you would have to go to high court
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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Can a pocso case can be quashed?
After a settlement was reached between the young parties, the Delhi High Court has dismissed a case under the Protection of Children from Sexual Offences Act. 25-Sept-2023
How do I withdraw my Posco case?
Settle the issue between the parties. To withdraw the case, you must file the criminal miscellaneous complaint with the High Court. This is the only way you can withdraw the case. The case cannot be withdrawn from the court.
How do you defend a Pocso case?
In POSCO cases, the medical examination report is usually used to refute the prosecutions argument. A good cross-examination can be very helpful in the trial.
Firstly, you need to clarify whether your sister is the victim or a witness, if she is a victim the she has to depose before the judge and in second case if she a witness, there is not much option but to join the proceedings.
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Adv. Ambanshu Sahni
Chandigarh | 25+ Answers
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As I have understood from your Question, your Sister and her friends have filed the complaint, as per the Police Record. Making them the Complainants in the said matter. Please note that the Complainant is only required in court at the time Recording of their Evidence, during the pendency of the trial. Generally it takes 1-2 court hearings. If in case your sister is being called more frequetly to the court, then i suggest please let an Advocate accompany her, in order to get a clear picture of the senario. Also, if your sister is hesitent to visit the court alone, then also she can be accompanied by an advocate.
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Adv. Vaibhavi Sharma
Delhi | 25+ Answers
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Hello client
I have read Ur query about your sister and her friend as you people.do not want tht your sister should go to the court regarding the case filled by the police without any reason under Pasco act you people want to withdraw the case then a you have to file a case in high court then only it is possible.
I have read Ur query about your sister and her friend as you people.do not want tht your sister should go to the court regarding the case filled by the police without any reason under Pasco act you people want to withdraw the case then a you have to file a case in high court then only it is possible.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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Pocso is a non-compoundable offense, and it's very hard to dismiss a case. Now, courts are reluctant to dismiss proceedings for non-compoundable offenses. Pocso treats henious crimes. The best thing to do is to have the complainant come to the trial court and narrate either the truth or the hostile version.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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