Mumbai | 09 Aug, 2018 (4 years, 7 months ago)

General Advice

An FIR was filed and u/s 376 and accused is on bail and trial has not yet starte

A case u/s 376 is pending in court. Trial has not yet started and case was fled during the year 2014. Now the complainant and accused want to settle matter out of court. Pl advice how to go about it.

U can only settle for settlement sake. 376 cases have to be tried to the last in court. Only the victim , witnesses can say what they want to say. Law won't allow you to compromise. So take ur lawyer into complete confidence and act according to his directions. Sometimes court may take action against the victim for giving false report. So be careful.

11 Aug, 2018 | 14:48

Section 376 is not a compoundable offence. The only option is to approach the High Court is writ jurisdiction seeking quashing on the ground of settlement between the parties. However, in light of the Gian Singh judgment, the High Court may not entertain the same and you would have to get the case quashed from the Supreme Court itself.


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