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Rishabh (Self)     21 December 2014

Burglary fir withdrawal

Im not entirely sure if this falls under Criminal Law.

Anyways, There was a Burglary at my friends house. Laptops and valuables were stolen.  4 of them stay in the 3 bhk apartment in the first floor. They suspected a 22 yr old guy who works as a Helper in an office on the ground floor of the apartment building as his behaviour was suspicious and they suspected that he had made a duplicate key of the main door at some point of time in the near past. They went to the Police Station and lodged a complaint and said that they suspect that guy. He was called in for questioning by the police and detained overnight. Then they filed an FIR as well as they wanted the police to investigate fully and help them recover our stolen items. They also informed all the other friends who had visited the apartment over the past few weeks about the burglary and said that an FIR has been lodged and before the matter gets ugly and out of hand they were willing to give the culprit a chance to return all the valuables.

They also informed everyone that they would NOT be in the apartment day after overnight.  

Anyone who has made the huge mistake of robbing the stuff, would be given a chance to return everything otherwise serious investigation would be carried out by the Police. The next day they released the man who they felt was the main suspect as the guys employers pressurised them and said that he is a 22 yr old orphan. They asked to show sympathy towards him as he had no parents and we complied and got him released. That night all of them left the apartment overnight and returned in the morning to find a huge bag at the doorstep with all the stolen valuables inside it.

Now they just want to withdraw the case as all the stolen items have been recovered. But the police seems to be saying that the suspect could be one of the 4 roommates itself. They just want peace and to get back to a normal life. They are even willing to compensate the orphan boy as they arent 100% sure if he is the cuplrit.

My doubts are - The complainant has the right to withdraw the case at any point of time right? If the complainant does not want to find out who the culprit is and just forgive the person as he realised his mistake and returned the valuables out of a guilty conscience or fear of the Police, Arent they within their rights to do so? Does the complainant have to give the police a reason to want to withdraw the case? They just are gonna go  say they have personal reasons and 2 of them have to go abroad to work so they dont want a case pending as it hinders them going abroad.

Another big doubt is - The main suspect and his employers are threatening to file a false allegation case against all 4 of my friends.. SOME GUIDANCE PLEASE..URGENT!



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 1 Replies

Hardeep (Business)     22 December 2014

A crime such as this is a crime against the State. Hence the FIR lodged can't be withdrawn. The State is now the Complainant and the people who lodged the FIR are witnesses.

 

As for traveling etc. abroad unless there is a Court order there can't be any restriction on the same.

 

It is not for the common man to find out who the culprit is. That is the job of the Police. The detention etc has been done by the police, per procedure and a case , if any, lies against them.Mere allegation does not count.For the other party to file any case, first the real culprit has to be found. After that, if anyone has been severely aggrieved / defamed by the false allegation a case may lie not otherwise.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.


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