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
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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A.Generally a case filed under section 376 cannot be withdrawn unless and until the high court permits you to do so.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.
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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
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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.
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