Want to withdraw Section 69 BNS case and need bail advice

510 votes

Since Section 69 BNS is a non-compoundable offence, the case cannot be withdrawn directly in the lower court. If both of you have settled the matter, you may file a No Objection Affidavit (NOC) stating that you do not oppose bail. This can help the accused in getting regular bail, but the final decision is up to the court. For closing the criminal case completely, a petition for quashing generally has to be filed before the High Court based on the settlement between the parties. Next Steps: Apply for regular bail immediately. File a settlement affidavit/NOC supporting bail. After settlement, approach the High Court for quashing of the FIR/case, if legally permissible.

Advocate Ravindra Anjaneyulu LawRato

858 votes

Section 69 BNS is generally treated as a non-compoundable offence. Therefore, the complainant cannot simply withdraw the case before the trial court, nor will a No Objection affidavit by itself result in automatic closure of the case. For bail: The accused can file a regular bail application before the competent court. The complainant may file an affidavit or appear before the court stating that the dispute has been amicably settled and that she has no objection to grant of bail. While not binding on the court, such a statement may be considered as a relevant circumstance while deciding the bail application. For closure of proceedings: Since the offence is non-compoundable, the parties may approach the High Court under Section 528 BNSS inherent power seeking quashing of the FIR or criminal proceedings based on settlement. The High Court will examine the facts and nature of allegations before passing appropriate orders. Therefore, the immediate remedy for release from custody is to pursue regular bail before the competent court, and thereafter, if legally permissible, seek quashing of the proceedings before the High Court on the basis of settlement.

Advocate Kadakuntla Dinesh LawRato

989 votes

hi first you need to apply for the regular bail and in that you could file the petition in court stating that you were willing to compromise the matter and thereafter could file quash petition and in that compromise the matter

Advocate Baddam Aravind Reddy LawRato

959 votes

Section 69 of BNS act,Criminalizes sexual intercourse obtained through deceitful means,A false promise made by him,that he will marry with yu,Once lower court given judgement,For this case punishment which extends to 10years,Ther is only one option,yu should file appeal in High court.

Advocate Chapala Srinivas LawRato

534 votes

You can post this concise and legally accurate response: Since Section 69 BNS is generally treated as a non-compoundable offence, the case cannot simply be withdrawn based on a compromise. However, your no-objection and voluntary statement may support the accused's bail application. If both parties have genuinely settled the dispute, a petition for quashing before the High Court may also be considered, depending on the facts. For proper legal strategy and representation, you may contact us through our LawRato profile.

Advocate Mrudhula Jahnavi LawRato