Quashing of FIR in case of section 376(2)(n), 377 filed by girlfriend

837 votes

Dear Client, Without examination of documents, I am not able to disclose all details and also didn't have an idea about gravity of the case, so first I would like to examine your all Documents then I'll explain about your case.

Advocate Anurag Bhatt LawRato

671 votes

In India, cases related to sexual offences, such as Section 376(2)(n) and Section 377 of the Indian Penal Code (IPC), are taken very seriously by the courts. Quashing of a criminal case is a discretionary power granted to the courts under Section 482 of the Code of Criminal Procedure (CrPC), 1973. However, the courts exercise this power sparingly and only in exceptional circumstances.

To permanently relieve the main accused in a case filed under Section 376(2)(n) and Section 377, the accused would need to approach the appropriate High Court with a petition for quashing. The court will then examine the facts and circumstances of the case to determine if the charges are without any legal basis or if the continuance of the trial would amount to an abuse of the process of law.

While there have been instances where the courts have quashed criminal cases in exceptional circumstances, it is important to note that such cases are rare. The primary consideration of the courts is to ensure justice for the victim and uphold the principles of the law. The final decision on quashing depends on the facts and merits of each case, and it is up to the judiciary to decide whether to grant such relief or not.

Regarding the court orders or judgments specifically related to quashing of cases filed under Section 376(2)(n) and Section 377, it would be advisable to consult a lawyer or conduct thorough research on the judicial precedents and case laws related to these specific sections. As the interpretation of the law can vary based on different judicial judgments and the facts of each case, it is crucial to seek professional legal advice from an experienced advocate who can guide you appropriately.

Advocate Dinesh Kumar LawRato

648 votes

nothing can be said sure depend upon the fax and circumstances and view which will be taken by the judge depend upon mentality half the judge. series. of judgement of all promise of marriage acuted means rape under false promise of marriage accrues acquainted . I am genuine but have not tested whenever discussed people cheated me for false promise and they donot pay even false promies of payment.

Advocate Arun Krishna Shukla LawRato

758 votes

dear client as per your query I can only suggest that if it's admitted that the relationship between both is since 5yrs and these sections you must be aware of as they are heinous so FIR can't be quashed unless you have strong evidence regarding the allegations made for future paid consultation please contact us with your relevant documents.

Advocate Rahul Rathi LawRato

786 votes

376(2) ie rape & 377 ie unnatural offence is in its own right non compoundable, cognizable & a non bailable offence. But, as for this appellate court rulings , the appellate court in its judgement has proclaimed a few percentage (exact percentage I don't recall) are being used by a woman as a sword & not as a shield,women who are disgruntled & exasperated from their old partners which eventually spawned into tarnishing the guy's image & defaming his character. For this, a woman can also be insisted upon to go for a medical examination. Moreover, there are other judicial panacea to your unenviable position apart from going for a quashing application. Two can take place here but for a better palliative legal remedy, you can consult me.

Advocate Rishabh Kumar LawRato