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Quashing for FIR 376/417/502 False Promise Of Marriage


17-Aug-2023 (In Criminal Law)
My girlfriend lodged a FIR in police station as False promise of marriage under IPC 376/417/506/494 on Aug 2020.She is 35 years old and divorcy also.charge sheet has been filed. Now she want to withdraw case from court that she does not want further.She has written as a affidavit and stayed that no physical relation happen between us and she want to withdraw.She wish to give statement for withdrawal case to the magistrate.So sir how can I proceed to quash FI? Is it possible to quash FIR .please suggest me
Answers (2)

Answer #1
799 votes
We need to see your FIR first so that I can help. It's not possible to help without seeing the FIR.
Please feel free to contact me or my team so that they can assist your further in a legal manner in this regard.

Regards
Shayan

Answer #2
862 votes
quashing of FIR after chargesheet has to be strictly on the basis of the FIR and the chargesheet and if any incriminating and inculpatory circumstances. under any event the court is not legally allowed to traverse beyond this threshold. that's one part now coming to the question of discharging on the time of framing of charges this is more or less the same parameters which guided the quashing. lastly on the question of acquitting this is where the testimony of the prosecutrix will come as handy to your benifit. you can ask for expeditious trial to get the acquittal fast forwarded. but I will part with a word of caution that offence under section 376 IPC being not a compoundable offence your lawyer and the prosecutrix must thread cautiously.

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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