Advocate Hitesh Kumar Gupta is a Kapurthala based lawyer and has been practising law since 2010. He ... Read More
How To Quash A Rape Case I Filed Against Someone?
How to get a rape case quashed that I filed under Section 376 of the IPC?
- Sector-1, Noida
These days, the courts are very strict and do not allow a complainant to withdraw a case with heinous charges as that of rape etc. There is a very bleak chance that in view of a genuine reason for withdrawal, the court may allow you to withdraw the case. There is no guarantee though. In fact, in certain cases, the court goes on to fine you or in a rare case may even put you in imprisonment for filing a frivolous case. so choose your lawyer wisely, one with a face value and credible repute before the judges. FIR can be quashed by approaching the HC by filing a quashing petition u/s 482 CrPc. Rape cases are not quashed in Delhi HC, as seen as a matter of practice. I suggest you don't try a quashing and let the matter proceed. when the case reaches the stage of evidence, the complainant may give a contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges.
Answered on 14 Sep 2019
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- Do not go for quashing the case (rape), nowadays The Courts are very strict and rarely allow a complainant to withdraw a rape case.
- The Court may even put you behind bars for hostile of your statement.
- The best way is to get hostile at the stage of evidence so that the accused can get the benefit,
- In some cases, like parties (complainant/accused), are entering into a marital knot, the Courts quash the FIR without any hesitation, state more facts to get a prompt revert.
Answered on 16 Sep 2019
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