Regarding act 354 ipc


The FIR can be withdrawn by the Assistant Public Prosecutor.

Charge Sheet.       Charge Sheet.       Charge Sheet.     It's not visible to me.

 
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advocate.dma@gmail.com

354 is not compoundable, so the quick remedy is quash under S.482 by HC, the HC may or may not agree. If HC finds that female has lied blatantly, then she will be in soup or if HC finds that the male has given huge money then both sides in huge problem. So work out the compromise clearly, it should be genuine, make it appear like a misunderstanding without contradicting various earlier written statements and then approach HC.
 
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Shri R. Trivedi

Dear Sir

A Compalaint on an uncompoundable offence can be withdrawn.      It's easier to withdraw an FIR,

When the Informant is in no mood to carry out prosecution, why quash?

 
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advocate.dma@gmail.com

But that's law!! These crimes are not X vs Y, they are state Vs Y. So once the FIR is done, the withdrawal remedy is not with victim, many a times not even with the lower trial court, but only with High Court under S.482 CrPC.
 
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When withdrawal fails, quash can be resorted to.     Not by the Informant, however.     State rarely goes in for quash.      Accused should.     Quash is requested when a case is frivolous or vexatious.      In such a matter, applying for Discharge by the Accused is an easy and inexpensive remedy.      The Informant will, in this case, help the Accused.

If the Assistant Public Prosecutor withdraws and if the trial court gives its nod, the permission of either the Sessions Court or the High Court is unnecessary.     High Court can, of course, revoke the case.      Only in the rarest of rare cases.

 

 
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