After evidence..can witenessee or accrused can withdraw the case

Querist : Anonymous (Querist) 23 January 2012 This query is : Resolved
In criminal proceedings, we are at the stage of cross examination . Now both of us ( witnessee and accused one) want to settle off the court. Now we have a doubt whether court will agree to withdraw the proceedings after witness is present ? is accused one has any problem from Witnessee..because it tanamount to surrender ? or the proceeding may continue even after accused presented the funds etc..to witnesses..kindly advice.

Thanks,
Sateesh

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Prabodh Shukla (Expert) 23 January 2012
ho jaayega .... but not able to advise without seeing the file

regards
ADv prabodh
9540274333

Devajyoti Barman (Expert) 23 January 2012
Unless the case is compoundable the case can not be withdrawn as compounded.

If the charges are non compoundable then it could only be quashed on consent or the accused be acquitted after recoding statement of the de facto complainant.

Advocate Bhartesh goyal (Expert) 23 January 2012
I do agree with Mr Barman.

ajay sethi (Expert) 23 January 2012
agree with barman

Kiran Kumar (Expert) 23 January 2012
I do agree with Mr. Barman, but keep one thing in mind that if the offences are of grave nature then even the compromise between the parties will not invite quashing of FIR by the High Court.

for non compoundable offences, the quashing petition on the basis of compromise can only be filed before the Hon'ble High Court, the trial court has no such power to entertain petitions under S.482 Cr.P.C

Raj Kumar Makkad (Expert) 23 January 2012
In addition to the thoughtful advice of Kiran, I add that the witnesses can become hostile when they come in the witness box even if the offence is of grave nature and non-compoundable. This practice is generally adopted in all trial courts.

The accused and witnesses/complainant shall have to leave the achievement of their target upon the counsels representing them instead of directing them to do this or that for this purpose.

M/s. Y-not legal services (Expert) 24 January 2012
yes experts provide you their valuable advise..

next time just come here with clear facts..

-tom-