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arib nawaz   31 May 2016

taking back of criminal case

Under pressure from her family my wife had given statements under sec 164, that she was forcefully raped before marriage and that she had married under force and pressure. I am being charged for rape, kidnapping and extortion. Both the parties are ready for compromise, what should be the procedure now. The girl can't divert from her statements as she had confessed under sec 164. What are the options available? So that none of the parties suffers anymore.


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 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     31 May 2016

Please note that criminal prosecution cannot be initiated and terminated at the sweet will of the complainant,moreover when the charge is non compoundable like section 376.

However if the complainant wishes not to prosecute the case further as the accused has married her and on the basis of out of court settlement,only High Court exercising its inherent jurisdiction u/s 482crpc can quash such case.


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