Withdraw of case files a case under section 376 Withdraw of case files a case under section 376

2 years ago

My relative files a case under section 376 (2N) against XYZ in Dec 2020.

In court case on hearing mode.

In that case if my relative withdraw a case from court then whats happen next.

Anik

Responded 2 years ago

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A.Dear Client,

In case of a criminal case it cannot be withdrawn once registered. The offence which are compoundable can only be withdrawn else if the complaint provides for an information of a cognizable offence not compoundable then, you would be required to approach the Hon'ble High Court for the quashing of the same if, any FIR has been registered.
In grave and heinous crimes such as murder, rape, corruption cases etc. generally FIR/ complaint are not quashed. So, you need to provide the details of the nature of offences alleged and the case status.

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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
If you relative had complained and then police has filed the chargesheet in court then it is not that easy for your relative to withdraw the case by her own will. Once the case trial has started then there is not much that she can do about withdrawing the case.
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