• Is it possible to withdraw case file in 376, 506 and posco 5/6 against multiple accuse

1. Child is protected under child protection act after sroppinf bal vibah 
2. Multiple accused was booked under 376 and 504 and posco 5/6
3. One of accused willing to marry victim child who will reach 18 soon
4. Victim is being impragated 
5. Victim family and one of accused family willing to marry and settle outside court
6. Other two accused are booked because of conspiracy by victim

So question is it possible to withdraw FIR filed by victim mother.
Asked 3 years ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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16 Answers

The victim's mother cannot withdraw the case already filed and charge sheet submitted to court, the court framed the charges against the accused.

There is no provision per se to withdraw a case under POSCO as these are non compoundable offences. However you can try to get the same quashed by the high court based on settlement.

If high court is not amenable to quash the proceedings then the only option that remains is enter the witness box and deny the veracity of the complaint.

The Delhi High Court  held that the court cannot permit quashing of FIR merely on the ground that the parties have entered into a compromise where the FIR relates to heinous offences against small children under sec. 377 of Indian Penal Code and POCSO Act. Justice Subramonium Prasad has dismissed the petition filed under sec. 482 Cr.P.C. praying for quashing of an FIR





T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

Generally FIR under Cognizable offences cannot be withdrawn.

In your case it is a very heinous crime committed against the victim, so FIR in this case cannot be withdrawn.

Yet you can try to appeal U/s 257 CrPC for Withdrawal of the Complaint but still it is upon the Magistrate to decide the merit of the case. 

U/s 482 CrPC you can file a suit for Quashing the FIR in the Hon'ble High Court,once the case is been produced in the Lower Court.

Ritwik Sarkar
Advocate, Kolkata
26 Answers
2 Consultations

FIR cannot be with drawn 

 

apply to HC for quashing of FIR 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

If more than one person is involved in this incident then it is very difficult for the court to understand that you are willing to marry. But still what other remedy do you have?? None.

Therefore approach the high court and file a petition u/s. 482.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Yes during the trial the complainant cna retract from his accusation so that ut of non prosecution the court can acquit the accused persons. 

Devajyoti Barman
Advocate, Kolkata
23219 Answers
514 Consultations

Dear sir/ma'am,

 

You cannot withdraw the FIR complaint after it has been filed for such grievous issue. However, you can file a writ petition under Section 482 CrPC wherein you can ask the court to quash the proceedings as the parties have reached a settlement. You must also understand that the court exercises its power differently depending on the circumstances of each case. If the court thinks it is fit for the welfare of the victim and the family of the victim to quash the FIR it would, or else it wouldn't. Thank you.

 

 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Offence under pocso is not compoundable. Case cannot be compromised.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

In the case of heinous offences against small children under sec. 377 of Indian Penal Code and POCSO Act is difficult get a quashing order. Only available remedy is face the trial .An accused is ready and willing to marry the victim is not a ground for quashing the fir.

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

- As per the Supreme Court , the offence of rape is an offence against society, and is not a matter to be left for the parties concerned to compromise and settle.

- Further, Cases of rape are non-compoundable under the law and therefore, FIRs in such cases cannot be quashed merely because the victim and the alleged offender subsequently consent to a compromise.

- However, the Supreme Court has prescribed guidelines for appellate courts over using their powers under Section 482 of the CrPC to quash such cases.

-  Hence that accused who wanted to marry with the victim , can approach the High court for quashing /cancelling the FIR lodged against him on this ground. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

It is necessary to peruse allegations made in FIR to advice 

 

better option is to face trial before trial court 

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

Yes please you may discuss the case. Kindly share the details.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Offences under pocso are not compoundable hence cannot be compromised but if the accused get a clear acquittal after trial on merit they can file a case against complainant under Section 22 for false accusation.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

You can file a discharge petition before the trial court, if it is rejected then you can challenge the case in the trial proceedings on merits and on documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
87122 Answers
2338 Consultations

- If you think there is conspiracy behind the episode , then you can file a petition for discharge before the same court , where this case is pending. 

- Further, if not allowed and discharge from the offences , then approach the High court against that order . 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Is not advisable unless seeing the Evidence.

Ritwik Sarkar
Advocate, Kolkata
26 Answers
2 Consultations

Dear Sir/Maam

You should file a petition to quash the FIR under section 482 of Crpc, which is the power of High court and add in your prayer that the court shall take action under Sec 22 of pocso against people that had made the false allegations.

Thank you

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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