Jairam Jio 21 July 2022

Section 392-- seeking help

Hello people, I am a victim of one robbery case, which happened last year. I filed a complaint against them and they also caught the accused. But now I don't want to be involved in the case anymore. Can anyone suggest an idea for this. How to withdraw the case or what should I tell in court, so that I can be free from this case. Tomorrow is the trial. Help me as soon as possible.

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8 Replies

Abdul Israr 22 July 2022

Since the trial has begun, you are not involved in this case anymore. You just have to go to court once to give your statement before the judge and then there would be no need to appear again in the court.

Dr J C Vashista (Advocate) 22 July 2022

I differ with the opinion and advise of expert Mr.Abdul Israr as the case is registered / crime has been committed against "State". The accused is/ are to be prosecuted by state government through Public Prosecutor.

What is the stage of the case ?

As a complainant you can (at the most) request the court to forward it to mediation for amicable settlement although it is a non-compoundable offence.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 22 July 2022

All criminal cases are state versus the accused. You are the prime witness on behalf of the Prosecution. Give your witness and be subjected to cross examination if any. Your role ends there.

Jairam Jio 22 July 2022

can I just say they are not accused?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 July 2022

Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. Withdrawing is a matter of right. The Court will record your statement, which is then signed by you. The complaint is officially closed then.

If it is a police complaint, then the complainant can give a statement to the police that he/she does not wish to pursue the said complaint.

Dr J C Vashista (Advocate) 23 July 2022

Originally posted by : Rama chary Rachakonda

"Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. Withdrawing is a matter of right. The Court will record your statement, which is then signed by you. The complaint is officially closed then.If it is a police complaint, then the complainant can give a statement to the police that he/she does not wish to pursue the said complaint."

Dear Mr. Rama chary Rachakonda,

Can you please provide provision of law to withdraw the FIR registered at the instance/ information of complainant and proceeded, as a matter of right of the complainant as opined /advised by you, which is requested for my personal information.

Thanks and Regards

P. Venu (Advocate) 23 July 2022

Admittedly, you are the victim of the robbery case. What has happened to the things that has been robbed?

Arvind yadav (malad) 23 July 2022

you can approach the bench and talked to the magistrate that matter is amicably settled then he began the trial and witness turned hostile and your matter will finished or one more thing is there that u can file quashing petition but it will take time