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Cases such as rape and murder are not mutually exclusive

Cases such as rape and murder are not mutually exclusive
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Cases such as rape and murder are not mutually exclusive

Cases such as rape and murder are not mutually exclusive

RAJESH CHAUDHURY

Legal Forum / Rajesh Chaudhary

A very important legal question is in which cases the case can be withdrawn after filing the First Information Report (FRI) and in which cases the complainant cannot withdraw the case. According to lawyers, the case cannot be dismissed on the basis of compromise in serious crimes such as rape and murder. It is important to know what is provided in the law in this regard.

In these cases the case may be dismissed

Delhi High Court advocate Murari Tiwari says offenses under Section 320 of the CRPC, which are generally of a less serious nature, can become more complex. For example, criminal defamation, intimidation, coercion, etc. Or a case of a minor assault. With few exceptions, cases involving imprisonment for up to 3 years fall into this category. In such a case, if the complainant feels that the case should be withdrawn, he files an application before the court stating that he has entered into an agreement with the accused and in such a case the action should be stopped. The court considers the application and closes the proceedings.

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The High Court may order dismissal of the case

Delhi High Court advocate Rajesh Sharma said the case could be dismissed only with the permission of the high court if an agreement was reached between the accused and the complainant. An application under section 482 is filed for this. For example, there is a case of dowry harassment and a settlement has been reached between the two parties. If there is a case of fraud and a settlement has been reached between the complainant and the accused, a settlement document is prepared between the two parties. It states that both the parties have reached a settlement by mutual consent and want to withdraw the complaint without any pressure. In such a case, the High Court dismisses the case on the ground that it is satisfied on the application that the case is being withdrawn by mutual consent without any pressure. If the court is not satisfied, the application may be rejected. These include cases of dowry harassment, murder and fake homicide.

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Rape, murder and kidnapping for ransom do not cancel a case

Aman Sareen, a legal expert and Delhi High Court lawyer, says that in serious cases, the case is not settled on the basis of settlement. For example, in cases of rape, murder, robbery, kidnapping for ransom or sexual offenses against women, the case will not be dismissed even in the High Court. In such a case there is no provision for dismissal on the basis of disposal of the case. Criminal counsel Vijay Bishnoi says that in 2012, the Supreme Court had ruled in the case of Gyan Singh v. State of Punjab that the case of rape, robbery and murder could not be quashed on the ground of disposal. Prior to that decision, the rape case was dismissed on the basis of an agreement between the boy and the girl. But the case in these cases cannot be dismissed after the Supreme Court’s ruling in 2012. In fact, such a crime is not just a crime against the victim but a crime against society. Therefore, a case of serious offense cannot be dismissed on the basis of an agreement between the accused and the victim.

Disclaimer: The opinions expressed above are those of the author.


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