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pavan kumar (system engineer)     30 July 2013

376

Dear Sir,

A girl who kept case under sec.376 is now willing to get compromise please let me the process how to proceed and how many days it will take to discharge the case...



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 7 Replies

adv.raghavan (Advocate,9444674980)     30 July 2013

u have not mentioned at what stage the case is now. Yes she can file petition under 257 crpc for withdrawal of complaint, it is purely the discretion of the judge to order wtihdrawal.

Adv. Nikhil Seth (legal consultant (9867264707))     30 July 2013

 376 is  a non compondble offence for this you have to make an application to high court that power high court have . But still it depends whether you  have been convicted if not than wait for judgement aginst you . Than only approach high court for compounding the offence .

 

Regards,

Adv. NIKHIL SETH  

Mumbai  

pavan kumar (system engineer)     02 August 2013

Sir,

 

I got bail after 37 days as mentioned it has been a habitual cases claiming on people by demanding money to her....as we have some proofs on stamp papers and she claimed same cases on other person in 2012..Now she is willing to compromise and with draw the case. She got married and they are separated but not ligally. my case no is 143/2013. I would like to go for compromise rather than quashing with her for my carrier growth. Please suggest the best way to compromise....Thanks for your reply.

 

Regards....Pavan

pavan kumar (system engineer)     09 January 2014

Dear sir,

When i attend the court last month, i have received the filed charge sheet, and given date on 10th jan 2014 to attend the court with the surities..The girl is willing to with draw the case and she also got married with other, please suggest how can we proceed to close the case at the earliest...need your help 

 

Thanks....Pavan

Adv. Chandrasekhar (Advocate)     10 January 2014

U haven't understood the difference between compromise and quash.  As it is serious offence, the case can be quashed by the High court under S. 482 cr.P.C. The trial court does not have such power.  In the High Court if you move an application for quashing, the lady has to come and state  on oath that she is not intending to pursue that case and then only the case will be quashed.  If this advice does not suit you, then you have to undergo the trial and in the trial, during her evidence she can become hostile witness and may say that her allegations are false.  After that the trial court may dismiss the case.

pavan kumar (system engineer)     14 January 2014

Dear sir,

 

Thanks for your suggestion...I heard under 257 crpc that girl can with withdraw the case by submitting a petition in the court is this can be done in my case, how much time it will take to close this case in this process and how to apply this petition in the court...please give me advice to close this case as soon as possible. 

please let me know in which way we can close this early...awaiting for ur reply

Regards....Pavan

Adv. Chandrasekhar (Advocate)     16 January 2014

It is a warrant case and S.257, which falls under Chapter XX, applicable for summons case cannot be applied in rape cases.  So, quash before the High Court is only the solution, failing which face the trial and make the complainant hostile to get acquittal.


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