Can 164 crpc by complainant be withdrawn in 376ipc?

Dear Mr.Sharma, 

Let me set things right :-

1. A rape case cannot be withdrawn merely by a 164 statement. 

2. It has to be quashed by the High Court on the basis of settlement under section 482 of the crpc. (It is no more being done now after latest Supreme Court ruling).

3. If the guy has went back on his promise the girl can move an application u/s 482 crpc before the high court and the high court can order reopening of case. There was a dowry case where man agreed to divorce wife and wife's cases were quashed when the guy went back on his word. The Court re-opened all the cases against the husband.

Good Luck !

Bharat Chugh

Advocate Supreme Court of India/Delhi High Court

my blog : www.advocatebharatchugh.wordpress.com

Thank you so much Mr.Bharat, even we thought that 376 cannot be withdrawn only quashed but the police somehow managed to confuse us. Now they are telling her they cannot open the case as the magistrate withdrew it. After insisting with them, they say let's go meet the PP and ask him. The police do not seem to be interested in pursuing the case and are trying to find reasons to avoid this further and also because the accussed resides in another state they are giving excuses and saying they'll see if it will be transferred to that place which makes no sense since it happened in our city and we will be inconvinienced not the accussed if file is transferred there. We feel that the accussed side has approached them to ensure this case is not proceeding, they have done this before so we are getting tired of this.

Also this is not only 376 but also DV & dowry prohibition act because the marriage was fixed and called off over dowry.

Mr.Bharat could you guide to the supreme court ruling you have mentioned please. Thanks.

EDIT: Found it: https://www.snehamumbai.org/portal/NewsArticleView.aspx?NewsArticleId=57&NewsType=0

Please see section 320 of CrPC  offence under 376 is not compoundable

Thanks but the police are refusing to do anything and say that the 164 statement led to the magistrate closing the case, how is it possible when it is non compoundable? Would the other cases like DV & Dowry Prohibition act be closed alone & 376 can be reopened by 482 or will all be reopened?