Rape case
4 years ago
I filed a case as 376 sec. After two months he got conditional bail and he is asking me to compromise not with marriage option... Still chargesheet has not gone. Accused person asking me to close the case. Is it possible to settle out of court? Please advice me
A.Hi client,
It is completely your choice what you want to do with the accused. If you are no more willing to run the case and ready for a settlement you can do that out of court, take an advise from a good lawyer that how to deal with the matter , the pros and cons.
Thank you
It is completely your choice what you want to do with the accused. If you are no more willing to run the case and ready for a settlement you can do that out of court, take an advise from a good lawyer that how to deal with the matter , the pros and cons.
Thank you
Helpful
Helpful
Share
Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Generally a case filed under section 376 cannot be withdrawn unless and until the high court permits you to do so.
So you can try filing a quash petition at High court u/s 482 of cr.p.c and plead. But you also need to demonstrate to the high court the following:
a) The rape charges filed by you are not false and
b) The petition for withdrawal is on account of severe stress caused to you.
c) that there is no compromise between the victim and the accused.
In general rape is an offence against the society . though you are the victim, the courts pursue the charges against the accused in the interest and welfare of the society at large. So you need to demonstrate all of the above and your lawyer should be able to convince the court of the necessity to quash the petition in the interest of victim.
So you can try filing a quash petition at High court u/s 482 of cr.p.c and plead. But you also need to demonstrate to the high court the following:
a) The rape charges filed by you are not false and
b) The petition for withdrawal is on account of severe stress caused to you.
c) that there is no compromise between the victim and the accused.
In general rape is an offence against the society . though you are the victim, the courts pursue the charges against the accused in the interest and welfare of the society at large. So you need to demonstrate all of the above and your lawyer should be able to convince the court of the necessity to quash the petition in the interest of victim.
Helpful
Helpful
Share
Suneel Moudgil
Responded 4 years ago
A.1. if you want you can compromise the case,
2. your presence is required during quashing in the High Court
2. your presence is required during quashing in the High Court
Helpful
Helpful
Share
Chitra Sundar
Responded 4 years ago
A.If you want to settle the case with the accused, you are entitled to do so at any stage of the case. You may either withdraw the complaint or mention before the Court that you are willing to settle the case. However, you can be questioned by the Court for withdrawing the case, without the option of marriage. Also, you will become liable for the offence of perjury.
Helpful
Helpful
Share
Read Related Answers
Neighbour in our building imposed fake allegations
Dear Sir,
Get issue a legal notice claiming liquidated damages of Rs.2,00,000/- for falsely spreading rumors about the theft committed by your child and your wife.
Need advice
Dear Client,
Given the circumstances, it appears that the person you lent money to is attempting to coerce you through blackmail. In such situations, seeking legal recourse is advisable.
You may co...
Defamation
Dear Client,
Admittedly your comments against a person on social media directly or indirectly affect and damage the reputation of the person in society, attracting defamation suit against you. In a ci...
Flase 376 or pocso
Dear Sir,
It depends upon result of DNA test and thereafter long trial before the Courts then you will get the result.
Failed to attend drunk drive case due date in Chief Judicial Magistrate
Dear Sir,
Since your driving license is digitally showing as impounded as such it is very risky for you to drive. Better to contact the concerned police station and pay the fine in the Court and close...
Read Blogs on Criminal
Criminal Lawyers
Find Lawyers by Location
