• Rape attempt

Sir my wife aged 30 years leaves in delhi alone with my two daughter aged 02 years and 05 years at govt provided quarters.she is not know hindi. i am out of delhi for 2-3 months for job purpose.one day maintenance staff aged 25 years of entry into quarter forced for sex but my wife not agree next two days later same person entry my quarter again forced for sex my wife not agree but that person raped   forcefully.  that person is our language person and known person and regularly contact with telephone with my wife and me also.  I know this matter through my wife after 3 months then my wife fill a FIR against that person u/s 376/506 and also compliant at delhi women commission.but i have no evidence for rape.presently that rapist at jail and applying  for bails (02 times) my wife is facing problems for attending court due to  i am out of delhi for long time and two children aged below 05 years.now  i want to shift my wife from delhi due to security reason to my family. i am not agree compromise. the rapist  approach me for compromise. i can i shift my family without compromise. if compromise is must for shifting  what is the procedure of compromise at this stage.
Asked 2 years ago in Family Law
Religion: Hindu

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17 Answers

Sir there is no provision of compromise in such criminal offence also you can shift from the place, no compromise is required and valid in such case just provide court with adress you are changing the court shall issue summons to her when she is required to be present as witnes.

There is no compromise procedure in criminal law for such hineous crimes.

Yes you can shift your family and there is no compromise procedure.

Further the rape can be proved with circumstancial evidence if no direct evidence there has been cases where gir in rape cases was filled after year and court convicted guilty as court is aware of trauma and fear in womens mind so if just intercouse is proved presumption shall be in her favor.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

In these type of sensitive matters it would not be correct to communicate like this because there is possibility of lacking some information. So you please wait I'll contact you

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

1) you should refuse to compromise

2) rapist should be punished for the offence committed by him

3)you can shift your family without compromise

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Sirji,

I am very sorry to hear this that rape took place.

You can apply in court and request court to allow your family to transfer from Delhi to your native family area. Because your jobs is far away from your home. Your wife will attend court dates regularly you give this assurance to court.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

There is no problem in shifting out your family from Delhi for the case purpose she need not to appear in any Court and your case will be looked after by the government advocate you need to inform your current address to the government advocate so that in case court needs personal appearance information could be passed you

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

1. Your life has taken the right decision of lodging the complaint and the law will take its own course in its own manner.

2. Now since the culprit is in jail it is his predicament to ensure his release through bail.

3. in this procedure the presence of your wife in court or in police station in day to day hearing is absolutely not necessary at all.

4. The rape case once initiated can not not be compromised even if the victim agrees. So if the charges are proved he will be convicted and punished for his offence.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

Hello,

It is not necessary to compromise in order to shift from there . Take permission of the court and state the difficulties , the court will pass the order accordingly.

Hope this helps

Regards

Swarupananda Neogi
Advocate, Kolkata
2907 Answers
6 Consultations

4.7 on 5.0

Hello sir , why are you thinking of compromise ? However , if you want to compromise your wife has to change her statement before court during her evidence..For further doubts you can contact me in person ..Thank you

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

You need not enter into any kind of compromise.

At any time your wife feels a security concern, she may write to the Police for being provided with a security cover.

Let the Police file a charge sheet after investigation the matter. Let the rapist be brought to book with his conviction after the trial.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1. You can very well shift your wife to your place which is very normal.

2. Your wife won't have to appear before the Court on every day's hearing and shall have to appear for identifying him and for giving evidence and to be examined and cross examined.

3. You need not make any compromise in this regard with your wife's rapist and stand beside your wife till he is punished with jail order.

Krishna Kishore Ganguly
Advocate, Kolkata
24902 Answers
707 Consultations

5.0 on 5.0

Dear Sir,

Compromise is not required for shifting. You must be knowing that the evidence of your wife is required only once in the Court and it will be ended on the same day. Nothing to bother. Please contact concerned Public Prosecutor and give him your present address so that he can call your wife as witness.

Kishan Dutt Kalaskar
Advocate, Bangalore
5644 Answers
235 Consultations

4.8 on 5.0

I would suggest as soon as possible you should file a FIR against him alleging that he had raped your wife and also have some obscene images of your wife and on that basis we will approach court.

for further queries please contact me on 9958154277

Harsh Singhal
Advocate, New Delhi
7 Answers

4.0 on 5.0

I advice you to fight for all your rights and the crime which has happened with your wife, you must stand and make her more powerful, and try to punish them please.

You can very well shift to other state also as it is in every few months that you might have to come for hearings. (This much you should go through)

Rest I leave on you.

God Bless You Both and your Little Daughters.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Under No Circumstances a Rape Case can be Compromised; Supreme Court ...

The Supreme Court of India in a judgment pronounced today has held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. The Supreme Court accordingly ruled out mediation in such case...

Therefore dont ever think about compromise in future too.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

There`s no need to attend court hearing every time, only when court will summon for evidence, only once.

Why she is going to court, do not understand. Neither court grant adjournment in such matters.

Take your wife wherever u want to . No need to compromise, Inform court, change of address.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Compromise means you need to falsify your Complaint. The rape victim has to give evidence that the man didn't take her

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

You have to approach high court for quashing of FIR

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

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