case regd 354 IPC for criminal intimidation. Complainant cross as PW1 over. now Complainant wants withdraw case. request procedure. can it be withdrawn.
P Goverdhan Reddy (Lawyer) 21 December 2024
case regd 354 IPC for criminal intimidation. Complainant cross as PW1 over. now Complainant wants withdraw case. request procedure. can it be withdrawn.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 December 2024
Procedure for Withdrawal:_ To withdraw a criminal case, the complainant can follow these steps:
1. *File an affidavit*: The complainant must file an affidavit stating their intention to withdraw the case. The affidavit should be duly notarized.
2. *Submit a petition*: The complainant must submit a petition to the court, praying for permission to withdraw the case.
3. *Court's discretion*: The court will consider the petition and may permit the withdrawal of the case, depending on the circumstances.
4. *State's consent*: In some cases, the state's consent may be required to withdraw the case. _Can the case be withdrawn under Section 354 IPC?_ Section 354 IPC deals with criminal intimidation, which is a non-compoundable offense.
This means that the case cannot be withdrawn or compromised without the court's permission. _
However:_ The court may permit the withdrawal of the case if:
1. The complainant and the accused have settled the matter amicably.
2. The court is satisfied that the withdrawal of the case is in the interest of justice. _
Important Points:_ - The court's discretion is final, and the withdrawal of the case is subject to the court's permission. -
The complainant should be prepared to provide valid reasons for withdrawing the case.
T. Kalaiselvan, Advocate (Advocate) 22 December 2024
Section 354 of the Indian Penal Code (IPC) is not compoundable:
Section 354 of the IPC deals with assault or criminal force on a woman with the intent to outrage her modesty. It was made non-compoundable by the CrPC (Amendment) Act, 2008, which came into effect on December 31, 2009.
Therefore the complainant cannot file any petition for compounding the offence.
Since the cross examination is also completed she cannot even become hostile hence you may have to contest the case on merits alone.
P. Venu (Advocate) 28 December 2024
The offence being non-compoundable and the deposition of defacto complainant being completed, the only option is in approaching the High Court.