Advocate Amit Singh Aulakh

Questions Answered by Advocate Amit Singh Aulakh

Q: Procedure when the complainant cancels case over cancellation report

The query that i have posted today i regard to this i want to clear that the complainant wants to cancel the case bt only in the basis of cancellation report. He told us that if cancellation report is submitted by police in court they will record their statment here. Bt he does not want to quash or he does not want to go to high court.. somebody has washed his brain that if he will go for quashing then h will be charGED under 182 something like that.. so he wants to solve the matter only on the basis of Chlaan

Advocate Amit Singh Aulakh answered
In response to the above query - Procedure when complainant cancels case over Cancellation Report. Sir, Your query is not proper. As you have not mentioned the section numbers under which case is going on. Whether the court has accepted the Closure report or reject it and taken cognizance of the matter? Now the answer to the query what i have understood from your Submitted question. Scenario- Police filed closure report,and court took cognizance of the matters Now the charges have been framed against the accused. Client wants to withdraw the complaint without going for Compromise quashing. Suggestions (Only to the vague query)First, if the Case is summons case then you can directly apply for WITHDRAWL OF COMPLAINT under section 257(CrPC). Second, If the offence is one of the offence provided under 320(CrPC), then the accused and the informant can apply for Composition (Compoundthe matter) under 320(CrPC).Third, If both of the above are not applicable , then no other option will be left to you except Section 482 (CrPC) i.e move to high court for Compromise quashing. Now, the query regarding Section 182, As per supreme court guideline in the case of Saloni Arora vs NCT of Delhi(2017 10th January). Only the competent authority can make complaint regarding Section 182(IPC) , which in your case is Police. Generally, police officials do not make complaints in small matters. Finally, the best option will be " Go for compromise quashing under 482 (Crpc). Sincerely,Amit S. Aulakh