I had filed a written complaint to the police against my nephew.

580 votes

Dear Client, Since the chargesheet is filed and offences u/s 329(4)/324(2)/117(2)/351(2) BNS include non-compoundable sections, you cannot simply “withdraw” the case before the CJM. The correct procedure is: 1️⃣ Execute a Settlement/Compromise Affidavit before a notary. 2️⃣ File an Application under Section 359(2) BNS (equivalent to S.321 CrPC withdrawal by prosecution) requesting the Court to permit withdrawal of prosecution based on compromise. 3️⃣ The Court will issue notice to the accused and the APP. 4️⃣ Public Prosecutor’s consent is mandatory; the PP must state that withdrawal will serve the interest of justice. 5️⃣ Once PP supports it, the CJM can permit withdrawal and close the case since trial has not begun. 6️⃣ If the PP refuses, the complainant can then move Section 482 CrPC / 483 BNSS before the High Court for quashing on the basis of settlement. I can help you prepare the required affidavit, PP-submission draft and withdrawal application so the matter is closed smoothly. Contact: IX-I-VI-III-O-VI-V-O-II-II

Advocate Sanjana Basak LawRato

633 votes

Some offences mentioned above are non compoundable i.e 117(2). You can ask the accused to file quashing petition instead and to press the court that the complainant wants to withdraw from the court as the settlement has been done

Advocate Shubham Agarwal LawRato

721 votes

Since the offences registered under Sections 329(4)/324(2)/117(2)/351(2) of the BNS are largely non-compoundable, the complainant cannot directly “withdraw” the criminal case before the CJM Court once the charge sheet has been filed. The appropriate legal remedy is to approach the High Court under Section 482 CrPC seeking quashing of the proceedings on the ground of settlement/compromise and the complainant’s lack of intention to proceed further. The High Court, in the interest of justice, may quash the entire criminal case if both parties submit that the dispute has been amicably resolved.

Advocate Aminuddin Khan LawRato