Attempt to rape
Querist :
Anonymous
(Querist) 01 August 2016
This query is : Resolved
Sir
One of my cousin file a fire of attempt to rape case to a boy who is a bus driver.
Now she wants to withdraw case because she has to marry a boy who is a mexidcal practitioner.
Can fir be withdraw or squashed or cancel.
Still police not charge shetted the bus driver.
So we want withdraw case against driver and marry her to another boy who is doctor.
What will be the procedure to withdraw the case .
R.K Nanda
(Expert) 01 August 2016
No reply to aq.
Querist :
Anonymous
(Querist) 01 August 2016
Pls guide me
S Raut (Forensic Expert : IFS)
(Expert) 01 August 2016
FIR can not be withdrawn. Option is: After filing the chargesheet go to the High Court for quashing the FIR.
Querist :
Anonymous
(Querist) 01 August 2016
Fir is just a month old.
No any procedure of court is done .i don't think police charge shetted till now. Can fir will be withdraw.
Querist :
Anonymous
(Querist) 01 August 2016
Fir is just a month old.
No any procedure of court is done .i don't think police charge shetted till now. Can fir will be withdraw.
S Raut (Forensic Expert : IFS)
(Expert) 02 August 2016
Police can not quash FIR. Once FIR regd. can not be withdrawn. Police shall investigate and file a report / closure report if no evidences found.
Querist :
Anonymous
(Querist) 02 August 2016
Thanks Mr Raut
Querist :
Anonymous
(Querist) 02 August 2016
Sir,i have another query if palace of occurance mentioned in FIR is 15 km from our home where bus driver resides but why police say i will come to ur residence for some enquiry from your neighbor and ask some money for this if you don't want to come to police at your home.
Guest
(Expert) 02 August 2016
What exactly you want to ask by your second post, which is neither clear nor contains any query.
Querist :
Anonymous
(Querist) 02 August 2016
Inspite of investigation police daily asks to come to police station to us.police wants to come complainent home and we don't want because due to social reason and second, place of crime occurance or any thing not belong to our home.SHO said police will not go to your home but investigation officer tourcher us and said i will come to your home for inquiry to neighbor . For this IO also asks for some money.
What should i do .Our lawyer said officer is just bothering you.you should complaint to city SP .is it right
Querist :
Anonymous
(Querist) 02 August 2016
Sir.,basically i want to ask if place of crime of occurance not belong to our home. Then what will be the reason police wants to record our neighbors statement.
Sir,we want settlement and wantd to withdraw squash the case.
Guest
(Expert) 02 August 2016
1) First and important thing , this is not child play , you go and scream Rape or attempt to rape and then with consent withdraw FIR. It is very serious offense.
2) Proper Police investigation will take place , since FIR is filled and serious allegation are made.
3) From all sides case required to be analysis by Investigation officer and he has to either prepare report that this was fake case and file closuer report or give details what he feels about the case in report or file charge sheet
4) Lot depends upon closuer report , and Judge will decide if for making false allegation or abusing power or wasting police dept and judiciary function time whether any thing should be done.
5) General case if both are already married then Court can think from marriage point of view also and be lenient.
6) If Charge sheet is filled other option will be to mover to High Court to quash all proceeding but recent Judgement are adverse also reporting this is not play that you allege some serious offense and abuse the system and then settle and whole time of Police dept , Court is wasted.
7) So this matter required to be handled professionally by criminal Advocate of your area additionally see to it that indeed the couple are happily settled .
8) Then only chances are this problem is solved
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Guest
(Expert) 02 August 2016
Very well advised by Madhu.
Querist :
Anonymous
(Querist) 02 August 2016
Thanks madhu
Querist :
Anonymous
(Querist) 02 August 2016
Actually we don't know inspite of proper investigation
.Officer will hasrsh us .and try to weak the case.
Thats the reason for fir withdrawal
Guest
(Expert) 03 August 2016
I mis-interpreted that girl wanted to marry same boy.
Since girl is marrying other boy of her choice , and she is not interested in that bus driver I feel charge sheet should be filled and that bus driver have to face trial.
All depends upon series of Evidence collected by Investigation officer and presented in Hon. Court.
Girl should additionally keep good Criminal Advocate who is good so he can guide her properly.
Guest
(Expert) 03 August 2016
In Sub ordinate court real work is admitting proper evidence, appellate court generally don't deal much with admitting evidence.
So I feel if you keep good advocate who has co-ordination with police dept. additionally he is good with Evidence Act this will help in long run.
Querist :
Anonymous
(Querist) 03 August 2016
Thanks alot madhu,we will do the same as u suggests
