How can we withdraw a criminal case?

951 votes

This question can be answered only after knowing the nature of case, whether it is a police case or private complaint etc. If the case is a private complaint initiated by the complainant in a court it can easily withdrawn at any stage with the permission of court as per section 257 Cr PC. But a police case cannot be withdrawn after its initiation by the complainant. If the allegation falls under the offences enumerated u/s 320 CRPC t can be compounded before the court. This also depends upon the offences alleged. some offences can be compounded without permission of the court but some offences can be compounded only with the permission of the court,. Court can deny permission if situation warrants. Some offences the case cannot be compounded. So please tell me the nature of the offences alleged and also whether it is a private complaint or police case etc for replying this query correctly.

Advocate Abdurahiman V P LawRato

791 votes

schedule to section 320 of the code of criminal procedure lays down the different offences that can be compounded by the aggrieved persons .
a complaint can also be dismissed for non prosecution by the magistrate.
in other cases , high courts can exercise power to quash the criminal proceedings on satisfaction that the matter is settled . in graver offences it is not resorted to .

Advocate B Vinod LawRato