Withdrawal of criminal complaint pending by the complainant
TR Madhavan
(Querist) 19 April 2013
This query is : Resolved
Complainant filed a criminal complaint U/s 200 Cr. P. c. before the magistrate in 2010.
Nature of offence mentioned: 419, 420, 469, 448, 505 IPC R/w 34.
Court referred the matter to the local police station to investigate and report.
The local police took up the matter, investigated and made FIR in 2010.
Due to intervention of the elders of the society, the matter was settled amicably between the complainant and the accused and now the complainant want to pray before the court to permit to withdraw all the charges leveled against the accused and dismiss the matter as not pressed through a petition.
1. Under which section of the Cr. P. C. a petition should be filed by the complainant for the compromise withdrawal?
2. The petition should be filed before the same magistrate, where earlier complaint was filed or to the Secretary, Lok Adalat?
AS THE ACCUSED IS CONFUSED AFTER COMPROMISE, EXPECTS A DETAILED OPINION FROM YOU EXPERTS ON THE MATTER.
Raj Kumar Makkad
(Expert) 20 April 2013
1. Such petition cannot be moved before the court under any provision rather an application before the police is required to be made so that a discharge application may be moved by police before the court.
2. As replied above.
Detailed opinion can be sought by engaging a local lawyer.
elgin matt
(Expert) 20 April 2013
Dear Mr. Madhavan,
I agree with Mr. Makkad but would add that many'er times police may file a discharge application but the same may be rejected. A practice in delhi courts is to get the FIR quashed by filing a petition in the high court suggesting that a compromise had been reached and there was no complaint that the complainant wanted to pursue.
Adv. Elgin Matt John, www.elginmattjohnandassociates.com, elgin@elginmattjohnandassociates.com, 9818732715
Advocate Ravinder
(Expert) 12 May 2013
I differ with the above experts. As per my knowledge, as the sections framed above are all compoundable, a petition can be filed before the concerned magistrate for compromise. Once the issue is in the court, the police is nothing to do. Please clarify on this point.
