• IPC 376

Hi sir/mam
I filed fir under ipc 376. The reason being he promised me that he will marry me infact our family members are also committed for merriage and we fixed the dates also suddenly they hv changed their openin they informed us that he will not marry me, we tried our best to convince them but no luck. But when we where in relation we had a physical relation. So as they are not getting convinced by any manner I lodge a complaint and he got arrested also now he is in jail from past 4days. He applied for the bail but the bail got rejected and now he went more 10days for remand and the lawyer said its difficult to get the bail at least for next two months after knowing this fact his mother got heartache and now she is in icu and then the hole family is begging me and they are at my feet towards to compromise me to take that complaint back. But I have gone through meny blogs and I find there is no policy of taking back the complaint on 376. Considering his moms condition I am planning to take my complaint back

Kindly evaluate my question and help me with the perfect solution
Asked 6 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

26 Answers

You can go for joint quashing of FIR and the same will quashed by high court. That is the best option. You can also file an affidavit in trial court that the same will be settled and he will get bail. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can do it but legally such paper doesn't have any validation.  As relationship strains you go through turmoil.  There is no guarantee how your relationship will be with him in future but you can certainly take appropriate action then as per the situation. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes it may work.  You can contact me through kaanoon.  I will explain you in better way. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you can not withdraw a case under section 376 of Indian Penal Code (IPC) since IPC does not allow such crimes to be compounded 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Boy should give in writing that he will marry you 

 

on said settlement arrived at between parties HC can quash the complaint 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It should work if boy is wooing to marry you 

 

don’t agree for quashing unless boy  agrees in writing to marry you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You are at liberty to engage a lawyer for arriving at an settlement 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbor of life. Once a relationship becomes strange than most probably future it may not work smoothly. So first think about whether you want to marry that person. 0nce he detained in prison his attitude becomes change towards a love.

 

Getting bail and conducting trial has two different phases. Rape is a non-compoundable offense, and it is an offense against society and is not a matter to be left for the parties to compromise and settle. The same time he can approach the high court for quashing his charge / FIR. If the disputes have been settled between the parties, and you do not wish to pursue the impugned criminal proceedings any further in such a case your affidavit can help him and getting a quashing order. The inherent power of the High Court, under Sec.482 of the Cr.P.C. is of wide plenitude with no statutory limitation and is to be exercised to secure the ends of justice, or to prevent the abuse of the process of any court. You can not withdraw a case under section 376 of IPC.

So before arriving a settlement free to talk to him and think a wise decision.

 

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. Yes, this case not be settled a this sage even with your consent.

2. However if you give consent on the ground of compromise, he would get bail soon.

3. To make sure that he marries you after getting released, the court may release him on interim bail so after release he marries you.

4. After marriage to work out this marriage would depend both of you . So do not harbour any negative thought on this if you have decided to marry him.

4. Without putting you leg into water you can never know the depth of it. All the very best.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

First get married, then withdraw complain, get your marriage registered through special marriage act then where social marriage is not mandatory, the moment you sign the documents, you will be husband and wife, to withdraw it, you need to file, a quashing application before bombay high court

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

See they have to file quashing before the high court and you have to give consent before high court for compromise the high court can quash the FIR and he can be released there is no way to take FIR back.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See your personal presence will be required for quashing the court may call you for recording your statement before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear maam,

coming directly to the solution.

You will need to file a petition under section 482 of criminal procedure code in the high court for quashing the proceedings. else there is no way your complaint can be settled out.

hope that solves your query.

You can contact me for consultation. if any.

YUGANSHU SHARMA

ADVOCATE

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

Both the parties would have to jointly file a petition for quashing of FIR by way of mutual consent in high court under section 482 of CRPC, wherein the boy will have to get his statement recorded in court that he will marry you within a stipulated time. Your statements would be recorded too. After that, it would be at the discretion of the Court, but chances of getting it quashed are quite high.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can contact any lawyer for drafting the settlement deed.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Your lawyer would need to be present for the quashing petition in High Court. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Rape allegations are very serious and certainly to secure himself from prosecution, he will agree to any of your demand.

Such writing will have no impact. Once prosecution withdrawn and marriage solemnized, situation will change.  And quite possibility they may trouble you again.  Presently you are single, have a choice, after marriage this choice will vanish.

Still, if you are looking forward to it, take a chance, baaki will c later when any situation will arise.

Or drop the idea to marry him, let him stay in jail, such peoples will understand like this only. For settlement, deamnd hefty amount but secretly. 

Such guys are not to trusted.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

IPC 376 is punishment for rape.

It is cognizable, non-bailable and non compoundable offence.

The punishment may vary from 10 years RI to life imprisonment with fine.

Therefore once FIR had been registered ther may not be any chance to compound the offence.

On investigation the IO may remove this section  and add just section 417 IPC, which is compoundable.

This offence is compoundable by the person cheated.

So you may request the IO to alter the section in the charge sheet.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can get an assurance in writing from his family members as well as from him about your future's security and well as safety from any harm they may try to do to you.

Once the police is altering the charges from 376 to section 417 IPC, you can file a petition before court stating that due to out of court compromise, you wanted to compound the offence.

You may be in touch with your advocate on this.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes, you can take the assistance of your lawyer for completing this process so that the things can finalised in a legal manner.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You will have to go to the HC to get the complaint quashed and the same can not be done by the lower court 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

ask them to file a petition for quashing of the FIR in the HC and wherein you will appear through your lawyer and ask the court to refer the matter to mediation . 

Just ask the local advocate if the HC is entertaining such petitions as the same is the discretion of the court and nothing much can be done if HC does not entertain 

 

regards  

 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If HC does not do anything then approach the police and ask them to file a Final Report and close the matter. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Such MOU's made have no validity, if they torture you after marriage, you can again take action. Dont be so scared, there are ways out, i know all sides of it, just dont worry, all the best

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear client 

Now the way of compromise in this situation is that you have to give the statements in his favour before the police during the investigation of police.

Some statements like we have consensual sex with each other and I have filed complaint against him because he make false promise of marrying. And now if he agrees to marry me I will marry him. 

And don't be hostile in court by direct statements otherwise court can file complaint against you for giving false evidences.

And for criminal cases these type of affidavits/papers have no value for future conditions. Even if these documents are prepared in presence of lawyer 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have rightly said that the FIR cannot be taken back.
  2. And he has been held guilty as he gave you the promise of marriage, in fact in your case it was between the families also.
  3. I would advice you to go wisely as even if there is any legal paper work then also no body knows the situation in future and they might trouble you and put you at the wrong place (there are number of ways doing that as we human are considered to be expert in making life difficult for others).
  4. There has been a judgment just few days back as if the man married to the rape victim then he may be discharged from the offence.
  5. And in your case, the fact that you were getting married will also help him to come out of  the case.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer