Ipc 376 case
Rithu
(Querist) 30 December 2018
This query is : Resolved
Hello sir,
I have filed a 376 against my boyfriend who was in jail for around 42days.He is outside now on bail. Now he and his family are ready for compromise and my conditions. We are planning to do register marriage soon. So after marriage can we squash the case in high court as we got married. How long will it take sir to withdraw? They said we will get marriage certificate after 30days. Thankyou
Vijay Raj Mahajan
(Expert) 31 December 2018
Offence of rape punishable u/s376 IPC very serious offence that no court can take it easily although women like you think it's a joke that blaming men for rape when women like you indulge in consensual sex and later on blame men for it and charge them with offence of rape.
Even if now you marry your boyfriend, the court may not allow you for withdrawal of criminal case of rape.
The lesson is not for your boyfriend but you to learn that blaming someone you love with serious offence and then condoning it on compromise.
Rather I will suggest that after the marriage your boyfriend should insist being sent to jail to serve sentence for offence of rape thus making you realize that the offence of rape is not a joke to be charged by women like you.
No court will allow you to withdraw the criminal complaint and charges as now it's a State case where you are just an informer and victim not the complainant which is State in the court.
Criminal Complaint u/s 376 IPC is congnizable, non-bailable, non-compoundable offence under the Criminal Procedure Code.
Kumar Doab
(Expert) 31 December 2018
GO thru;
Supreme Court of India
Gian Singh vs State Of Punjab & Anr on 24 September, 2012
Author: R Lodha
Bench: R.M. Lodha, Anil R. Dave, Sudhansu Jyoti Mukhopadhaya
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO. 8989 OF 2010
The question is with regard to the inherent power of the High Court in quashing the criminal proceedings against an offender who has settled his dispute with the victim of the crime but the crime in which he is allegedly involved is not compoundable
Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable
The two powers are distinct and different although ultimate consequence may be same viz., acquittal of the accused or dismissal of indictment.
57…..Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society.
https://indiankanoon.org/doc/69949024/
Kumar Doab
(Expert) 31 December 2018
Hon'ble the Supreme Court in Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, has observed as under:-
"57……………….. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society.
Punjab-Haryana High Court
Gian Singh And Anr vs State Of Punjab And Ors on 18 November, 2016
Criminal Misc. No. M-25321 of 2016 -1-
Since the parties have entered into a compromise and learned Magistrate has recorded their statements followed by his report, continuation of the trial arising out from the impugned FIR and consequential proceedings would be sheer abuse of the process of law since chances of conviction are bleak.
https://indiankanoon.org/doc/75348772/
Punjab-Haryana High Court
Gian Singh And Ors vs State Of Punjab And Ors on 28 February, 2017
CRM-M-23862-2016 (O&M)
Hon'ble the Supreme Court in Gian Singh Vs. State of Punjab and another, 2012(4) RCR (Criminal) 543, has observed as under:-
"57……………….. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have serious impact on society.
https://indiankanoon.org/doc/187620556/
Kumar Doab
(Expert) 31 December 2018
Some counsels might have opined on basis of;
CrPC; 257,320,321,482
Some precedences’
Or that victim may record statement to acquit the accused
Since your own LOCAL counsel might have assured you, you may want to pursue the suggested recourse.
The courts shall decide the matter placed before the court.
Kumar Doab
(Expert) 31 December 2018
You may also go thru recent judgment by Apex Court;
Supreme Court of India
Hemudan Nanbha Gadhvi vs The State Of Gujarat on 28 September, 2018
Author: J Navin Sinha
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.913 OF 2016
9. A criminal trial is but a quest for truth. The nature of inquiry and evidence required will depend on the facts of each case. The presumption of innocence will have to be balanced with the rights of the victim, and above all the societal interest for preservation of the rule of law. Neither the accused nor the victim can be permitted to subvert a criminal trial by stating falsehood and resort to contrivances, so as to make it the theatre
of the absurd. Dispensation of justice in a criminal trial is a serious matter and cannot be allowed to become a mockery by simply allowing prime prosecution witnesses to turn hostile as a ground for acquittal
10. It would indeed be a travesty of justice in the peculiar facts of the present case if the appellant were to be acquitted merely because the prosecutrix turned hostile and failed to identify the appellant in the dock, in view of the other overwhelming evidence available.
13. The present was an appropriate case to direct the prosecution of the prosecutrix under Section 344 Cr.P.C alike Mahila Vinod Kumari (supra) for tendering false evidence. But considering that the prosecutrix was barely 9 years old on the date of occurrence, that the occurrence had taken place 14 long years ago, she may have since been married and settled to a new life, all of which may possibly be jeopardised, we refrain from directing her prosecution, which we were otherwise inclined to order.
14. The appeal is dismissed.
…………...................J.
[RANJAN GOGOI] …………...................J.
[NAVIN SINHA] …………...................J.
[K.M. JOSEPH] NEW DELHI SEPTEMBER 28, 2018.
https://indiankanoon.org/doc/171003922/
If moon has been promised by some counsel to his/her client then client may not expect moon.
You (Querist/Client) can discuss the strategy of your counsel (framed in form of appeal by relating to facts, compulsions etc ) with your counsel and pray that court may have mercy on some points and may decide the matter favorably.
Kumar Doab
(Expert) 31 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Criminal matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Dr J C Vashista
(Expert) 01 January 2019
Since your boyfriend was lodged in jail for 42 days for a false consensual sex and misuse of provision of 376 IPC, you have given him sufficient ammunition to bow down to his whims and fancies, if not now, subsequent to registration of marriage as planned by both of you.
How can you expect to lead a peaceful life with a male (earlier boyfriend who was sent to jail on your frivolous complaint) as his better-half ?
After compromise and withdrawal of your frivolous complaint you should be prepared to visit same jail (female ward) if your boyfriend (would be husband) has some "self-respect".
