Remember | Register | Forgot Password?
Bookmark This Page   RSS Feeds  Follow On Twitter

 

Search for Lawyers          
    

Home > Experts > Criminal Law > Withdrawal of criminal complainant levelling allegations u/s 376 ipc



Please Wait ..


Withdrawal of criminal complainant levelling allegations u/s 376 ipc (Criminal Law)

Report Abuse
This query is : Resolved


Author : Anonymous

Posted On 06 December 2011 at 14:16

whether a criminal complaint (not a state case) can be withdrawn by the complainant in which cognizance u/s 376 has been taken by the court. the accused has been granted Anticipatory bail as nothing concrete has been found against him. the occurrence is said to have taken place in the year 2002 while the complaint was filed in 2007. neither the medical has been produced nor any other material evidence/ witness is there. cognizance has been taken only upon the statement of the girl. all other sections viz. cheating, forgery (business disputes) were dismissed by the court. now the parties have reached on a compromise through mediation process but the problem is that court is asking for supporting judgments whether the complaint can be withdrawn? There is minimal chances of the complaint being quashed by the High Court if the quashing course is adopted. the case is at committal stage. what other course can be adopted in this situation? kindly cite the judgments allowing withdrawal of complaint.




Expert : V R SHROFF

Posted On 06 December 2011 at 16:03

Apply for Discharge, or will have to go for Negative Evidence.



Expert : Devajyoti Barman

Posted On 06 December 2011 at 18:22

Initiate the trial and record the evidence. The case would end soon.



Expert : Shonee Kapoor

Posted On 06 December 2011 at 21:51

Agreed with Ld. Barman, very difficult to quash 376, not many precedents exist.

Let the complainant give evidence in your favor and close the case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


Previous

Next

You need to be the querist or approved Lawyersclubindia expert to take part in this query .


Click here to login ( Members Login ) now







Similar Queries :










Quick Links



Browse By Category



Subscribe to Experts Feed
Enter your email to receive Experts Updates:







web analytics