Hi Everyone,

What to do in section 376 case when the lower court rejected the bail appliaction twice ? both parties want to compromise on marraige.... What we can see is the lawyer hired my the accused person is not competent enough ? Can both parties go for Quashing directly ? and will quashing bind the accused to marry the girl???? what should be done?

When girl is not opposing because guy is ready to marry with girl's also wanna marry./. then no case made out.

i think when 2 time court reject the bail of the guy, till that time girl didn't appear before court.

so, now guy is in jail?

The girl was in court .but the judge did not listen to her .he just said that he has nothing to ask from her ............ he said it might be possible that she wil come gain and will say that i was pressurised ........... infact the order  doesnot show her as present ....why so? the complainant. her family, the accused family were present in court to seek bail on the term of marraige compromise ...but the order doesnt witness them as present .........

There are end number of cases, where after a rape case the boy and girl have agreed to marry and the case has been quashed by the High Court in exercise of it's power u/s 482 of the CrPC. 

But sir ....why the lower court rejected the bail when both party wants to marry .and are u sure the hih court will quash the case on condtion of marraige?

The lower courts are normally reluctant to grant bail to a person accused of rape. If the parties are willing to compromise, go in for quashing in the HC.

Thanks all

Rape is henious offence, Only settlement of both party on marriage is not sufficient ground for quashing the matter.   Its depend on court that what decision he will passed, But normally on girl wish court may passed in order in favour of both,.

they applied for bail in lower court twice but it was rejected .Then they applied to high court for bail by mentioning that both party is ready to marry eah other and the complainant is present to give her statment .The court gave next month date . Now the boy's mother is ILL and she prayed me for qaushing the case so that he can come out soon and then the marraige will be performed in court . I m ready to quash the case .Their lawyer will take the process further. BAil would have given me security coz in this case Court grants Conditional bail that the boy will have to marry the gilr in gien time and matrraige cerificates will be produced to court . But in quashing will i get same security ? what if the boy after coming out doesnt fulfill his promise ? what safety measures i should take to quash the case?

firstly please keep in mind that offence of rape is a noncompoundable offence and it ia crime against society. Moreover the prosecutrix is not a accomplice of the crime. So if by marrying with a girl upon whose person rape is committed will absolve the accussd from the cluthches of law will nothing but a imaginary thinking.If such compromises will be allowed to be compounded then it will send a very wrong message in public at large and it will create chaos in the society. Lusty ppls will just commit rape and will go scot free after marrying with the girl.

 High court will never compound or quash such cases in my opinion considering the nature of crime. There are noncompoundable offences whivh courts quashes such as 498a.but not 376.you may apply for bail before high court.

Taking the girl before the court and her nobjec for grant of bail may amount to tampering of witnesses and court might reject bail on this ground alone.Please provide factual details of the case if he is still behind bar hope i could suggest some grounds.