Sec 376 - help needed

Dear Yadav,

As per the recent amendment of Cr.P.C., the offence u/s 376 I.P.C. was made bailable.  So, you friend can be released on bail.

Dear Pramod, If the gf of your friend is in true from her heart and soul and really want to withdraw the charges then made her statement u/s 164 of cr.pc before MM of respective jurisdiction that she had filed a false complaint and nothing was done wrong with me stating that with her own consent. she can withdraw the case any moment

Dear Pramod, If the gf of your friend is in true from her heart and soul and really want to withdraw the charges then made her statement u/s 164 of cr.pc before MM of respective jurisdiction that she had filed a false complaint and nothing was done wrong with me stating that with her own consent. she can withdraw the case any moment . First of all move the bail application

Forgive and forget can be said  easily . What about the trauma and mental stress and torture ur friend has suffered in the jail ? What is his future ? 

Sorry, merely by withdrawing the case will not do good to ur friend. She must be taught lession for damaging ur friend's reputation by filing a criminal case against her so that she may realise the pain. Later on ur friend may withdraw it. My advice may not be rational but now a days such tendancies are increasing and there has to be some lession for them .

Advocate Sandeep Naik 

Criminal cases cannot be withdrawn just like that, they are not Civil cases......

 

If the FIR is filed [which u say that it has] then move for quashing for the FIR in the High Court on the basis of compromise.

Ask the girl to be present in the high court and the FIR shall be over and the guy will be free.

Sehdev sir,

My question is only out of curiosity.

could you pls answer me whether the high court has power to quash an FIR on the ground of compromise between the complainant and the accused.  That too in a non-compoundable case.

https://www.indianexpress.com/news/complaints-with-noncompoundable-offences-ca/751009/

Complaints with non-compoundable offences can be quashed, says HC

This will clear your query.....

Enjoy.........

Thanku very much Sehdev sir.  If u don't mind, can you provide the citation pls.

Sure Sir why not.........

 

This judgment you'll find on this webpage:

https://498afighthard.wordpress.com/2011/06/21/bombay-hc-allows-quashing-ipc498a-on-application-of-complainant-and-accussed/

 

And another one which says somewhat similar thing.......

2003 (2) KLT 1062 (SC)

Hon'ble Mr. Justice Y.K. Sabharwal & Hon'ble Mr.Justice H.K. Sema 

Joshi v. State of Haryana 

Crl. A. No. 383 of 2003

Decided on 13th March, 2003.

2.

once again thanku sir for your speedy and patient reply.

you can though click on the thumb button if you liked what I wrote ......... :] lol

BTW i agree with Mr. Naik.... The girl should be taught a lesson [legally ofcourse]....

Sridhar Sa'ab,

 

Whoever told you about it being bailable must have been joking.

 

 

a Latest judgment

 

 IN THE SUPREME COURT OF INDIA

 CRIMINAL APPELLATE JURISDICTION

 CRIMINAL APPEAL NO.2094 OF 2011

 (Arising out of SLP (Crl.) No.9919 of 2010)

Shiji @ Pappu and Ors. ...Appellants

 Versus

Radhika and Anr. ...Respondents

 J U D G M E N T

T.S. THAKUR, J.