(Querist) 10 April 2014
This query is : Resolved
My second wife regd one criminal case on me in the charge of false rape case on me now she and we want to compromise the same .but stamentment u/s 164 not yet recorded . kindly please intimate the procedure for the same. Local police doest not want that my wife compromise with me. Plz help me its very urgent.
1. Normally a complainant cannot record admission or confession u/s 164 of Cr.P.C.
2. The charges u/s 376 are non compoundable. Yet, if the complainant wants to retract from her accusation then this can be done only upon during the cross examination of the complainant by the defense counsel of the accused and this needs a perfect strategy and understanding between the deposing complainant and the defense counsel and thereby based upon such intrinsic statements made by the complainant during the cross examination that the same can be used as to form the part of oral arguments and the chances of acquittal can be achieved.
3. Quashing of the F.I.R. u/s 482 Cr.P.C. before the H.C. cannot be supported by adducing instance of a compromise having reached between the complainant and the accused.
Adv. Rohit Sharma. (M) 09824047971.
(Expert) 10 April 2014
You may enter into a compromise. Draft it with the help of an advocate. Produce it to the police and get the acknowledgement. The police will close the case.
T. Kalaiselvan, Advocate
(Expert) 11 April 2014
The Police on the basis of compromise arrived between you both, may apply for RCS of the case and close the same.