Withdrawal of criminal complainant levelling allegations u/s 376 ipc

This query is : Resolved 

Querist : Anonymous (Querist)
06 December 2011

whether a criminal complaint (not a state case) can be withdrawn by the complainant in which cognizance u/s 376 has been taken by the court.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through mediation process but the problem is that court is asking for supporting judgments whether the complaint can be withdrawn?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.

V R SHROFF (Expert)
06 December 2011

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

Devajyoti Barman (Expert)
Click to Talk
06 December 2011

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

Shonee Kapoor (Expert)
06 December 2011

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.


Shonee Kapoor

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