Response
The courts are very strict nowadays and do not allow a complainant to withdraw a case 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. If the Complainant and the Accused agree or come to an understanding outside the court then the criminal case or FIR can be withdrawn by any of the following appropriate steps:
1: Under Section 257 of Cr.P.C Criminal Complaint can be withdrawn by the Complaint by a petition to the court.
2: Under Section 321 of Cr.P.C Criminal Complaint can be withdrawn by a petition to the court by the Public Prosecutor.
3: Under Section 320 of Cr.P.C a Compromise Petition can be filed by the Complainant in the appropriate Court.
It is correct that you can not withdraw a case under section 376 of Indian Penal Code (IPC) since IPC does not allow such crimes to be compounded (compromised).
The courts are very strict nowadays and do not allow a complainant to withdraw a case 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. If the Complainant and the Accused agree or come to an understanding outside the court then the criminal case or FIR can be withdrawn by any of the following appropriate steps:
1: Under Section 257 of Cr.P.C Criminal Complaint can be withdrawn by the Complaint by a petition to the court.
2: Under Section 321 of Cr.P.C Criminal Complaint can be withdrawn by a petition to the court by the Public Prosecutor.
3: Under Section 320 of Cr.P.C a Compromise Petition can be filed by the Complainant in the appropriate Court.
It is correct that you can not withdraw a case under section 376 of Indian Penal Code (IPC) since IPC does not allow such crimes to be compounded (compromised).
Reference: criminal procerdure code,1973
202100252-20210042-3630
LAWAYZ-2023-710