Response

Please inform whether an FIR stands lodged and if yes, as to what is the status in the said FIR. Normally, the rape complaint cannot be withdrawn.No.After judgement of supreme court any rape case decide on marrits. so now no procedure for withdrawn rape case. and also provide copy of fir and both counter cases after that I will provide legally advice on merits. However, precisely speaking, these days the courts are very strict and do not allow a complainant to withdraw a case with heinous charges as that of rape etc.. There is a very bleak chance that in view of a genuine reason for withdrawal, the court may allow you to withdraw the case.

There is no guarantee though. In fact, in certain cases, the court goes on to fine you or in a rare case may even put you in imprisonment for filing a frivolous case. so choose your lawyer wisely, one with a face value and credible repute before the judges. FIR can be quashed by approaching the HC by filing a quashing petition u/s 482 CrPc. Rape cases are not quashed in Delhi HC, as seen as a matter of practice. I suggest you don’t try a a quashing and let the matter proceed. when the case reaches the stage of evidence, the complainant may give contrary statement from the FIR. On the ground of the witness becoming hostile, the Court will acquit the accused of all charges.

Reference: The law governing the case is section 482 of Crpc. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

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