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abhishek gupta   12 February 2019

criminal case

If 4 person are convicted under ipc 354,324,323,504,506/1,34 and the complainer is ready to take the case back against only 2 person can it be possible? And if yes what is the procedure of it? Can u please answer.


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 1 Replies

Vrinda   27 April 2022

Hello sir/ma'am,

Your query is regarding the following sections of the Indian Penal Code - 
1. Section 323 - Voluntarily causing Hurt. It's a bailable and non-cognizable offence.
2. Section 324 - Voluntarily causing Hurt with dangerous weapons or means. It's a bailable and cognizable offence. Arrest can be made without warrant.
3. Section 354 - Assault or criminal force to women with intent to outrage her modesty. It's a non-bailable and cognizable offence.

354 A - Sexual harrasment and its punishment.
354 B - Assault or use of criminal force on women with an intent to disrobe.
354 C - Voyeurism
354 D - Stalking
4. Section 504 - Intentional insult with intent to provoke breach of peace.It's a bailable and non-cognizable offence.
5. Section 506 - Punishment for criminal intimidation.

If an FiR has been made in this case, it cannot be withdrawn since it's a criminal case.
However, if the complainant wishes to withdraw the case against 2 specific people, yes, it can be withdrawn under Section 257 on Criminal Procedure Code - Withdrawl of Complaint.

Section 257 of the CrPc states that if a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Hope this was helpful to solve your query!

Regards

Vrinda Malik


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