Filed a case against a person now want to withdraw the case

784 votes

Hello mr. You Have to file a quashing petition before the hon'ble high Court and there you have to file an affidavit stating that you are withdrawing the case. This isthe proper procedure. Since the section 420 is non cognizable and non compoundable only high has jurisdiction to quash the same. Thanks

Advocate Javeed S LawRato

978 votes

Hi,


Compoundable offences are those which can be compromised by the parties to the dispute. The permission of the court is not necessary. When an offence is compounded, the party, who has been aggrieved by the offence, is compensated for his grievance. Suppose your car accidentally hits a person on the road and he is injured. Though you may be guilty of rash and negligent driving, you can settle the matter by paying some money to the victim.
Note that only the aggrieved party or the victim may compound an offence. Not even the public prosecutor has the power to compound an offence.

*****While under other sections mentioned by you are compoundable, the offence under Section 120B of IPC is not compoundable. Accordingly, the Magistrate will not be in position to allow compounding of the case. Therefore, you’ll have to file an application under Section 482 Cr.P.C. before the High Court for quashing of the proceedings due to compromise between the parties, if the dispute is of a private nature (as it appears to be, from the descripttion provided by you). The High Court can make use of the decision of the Supreme Court in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303 : AIR 2012 SC Supp 838 : 2012 Cri LJ 4934, to allow quashing in this situation.

Advocate Srinivasa Kudva LawRato

744 votes

you can not withdraw a criminal case. you can absent to the evidence or you give evidence in opposite side favour. but you can not withdraw your case. since it is a non compoundable offence you can not enter into compromise also.

Advocate Ananda V LawRato