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Sir/ma'amnI want to know the procedure to withdraw my pocso case or quashing FIR when my pocso case
11-Mar-2023 (In Criminal Law)
Sir/ma'amnI want to know the procedure to withdraw my pocso case or quashing FIR when my pocso case is on defence evidence stage....guide me what can I do now ...thankyou
you can not withdraw your case but you can quash FIR from high court, in high court you have to mention reason why you are quashing fir you can contact us if your case is from delhi
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Adv. Ankush Chaudhary
Delhi | 200+ Answers
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Hi there
You need to know that an FIR under POCSO is non compoundable meaning thereby that it just can't be simply withdrawn. The accused needs to file a petition in the High Court for quashing of FIR as the high court has the power to quash a non compoundable FIR. The complainant will give its no objection certificate on affidavit which will be annexed in the petition for quashing of FIR. The Hon'ble High Court will ask the complainant if she wants the FIR to be quashed and upon satisfaction, it may quash the FIR.
For effective legal representation in the High Court, feel free to consult me.
Good luck!
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Adv. Puneet Srivastava
Delhi | 500+ Answers
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Quashing is ordered by the hon'ble high court of competent jurisdiction and if you wish to withdraw the case then an appropriate application should be moved before a competent authority in this regard.
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Adv. Sujeet Notwal
Delhi | 400+ Answers
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See once the criminal case is registered the complaint cannot withdraw it. the only way remains is to file quashing petition. In criminal cases once the Fir is registered it becomes case between state and accused, therefore complaint cannot withdraw it. However High Court has power to quash the case and fir upon request of complaint.
you can contact me
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Adv. Ravi Panwar
Delhi | 25+ Answers
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you can't do anything if your case is in evidence stage you can just mention before judge for settlement but this too depends on your case and fact because pocso case is not compoundable offence. or you can just hostile your witness
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Adv. Vishal Gupta
Delhi | 25+ Answers
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