Procedure to withdraw criminal complaint under section 376


My girlfriend lodged a criminal complaint under section 376 and 417 on 16 Oct 2017 on having sexual relationship under false promise of marriage and till now chargesheet is not filled yet and I am on anticipatory bail and she has approached to me stating that she wants to take complaint back or withdraw it so please guide me how she can withdraw this criminal complaint in right manner.

Answers (3)


206 votes

Appoint an advocate and go to the High court where you will need to file an application for quashing of FIR. Both of you will be required. There are chances that cost may be imposed. But have the pleadings properly.

- Section 376 of IPC


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244 votes

Complaints like 376 of IPC can not be withdrawn, once the FIR is filed then accused have to face trial and complete the proceedings. If the complainant is ready to co-operate with you, then there are chances of your acquittal.

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112 votes

You will have to take a written statement from her.
Tell her to make an application to police that she wants to withdraw her complaint although this is only a documentary evidence and will not help you much.
Then file a petition for quashing and let her give a statement in court.
Generally such offences ate considered serious and it is going to be a skillful task to get the FIR quashed.

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