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settling the case regd. u/s 376/511
03-Jul-2023 (In Criminal Law)
the complainant has agreed with the accused to help in getting bail and reverse her allegations in the court. Her statement u/s 164 has been recorded . but now she wants to withdraw the complaint. The bail application is pending before Sessions Judge. How best and fast we can settle the case?
That can be the best ground for you to get bail as the complainant is no more interested in continuing the case. And the FIR can also be quashed on the basis of the settlement agreement if any. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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You can file for quashing of FIR in High Court of your state.
Recently, the Karnataka high court ruled that closure of proceedings on account of settlement between parties even for the offence of rape is permissible and proceeded to quash the proceedings against four persons against whom a woman from their own family had filed a rape complaint.
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Adv. Kunal Seth
Delhi | 700+ Answers
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since she is cooperating and is willing to settle, alongwith the bail case which is pending a quashing petition can be moved at Hon'ble High court under section 482 crpc which will ultimately make the F.I.R null and void and there will be no requirement for the bail thereafter as the F.I.R will be quashed.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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376 IPC is a heinous crime and mere FIR by complainant with supported evidence are sufficient for conviction. in such crime no settlement is valid and on the basis of settlement case not be quashed nor accused can be acquitted. No withdrawal is also permitted in such cases.
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Adv. Siddharth Srivastava
Delhi | 100+ Answers
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Hi
You need to move an application for compounding / withdrawal. Generally criminal cases are not easily allowed to be withdrawn. Will need to see your case to advice further. Please feel free to get in touch to discuss further in detail.
Regards
Adv. Abhinav Sharma
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Adv. Abhinav Sharma
Delhi | 700+ Answers
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