Procedure when the complainant cancels case over cancellation report

870 votes

Ok. So now your case is completely investigation based. If police files cancellation then only u will get the relief. We file hundreds of quashings and till date no one has been charged under 182. Tell him that he is only compromising and not denying the allegations. If he agrees then its all good 4 u.

Advocate Pankaj Chauhan LawRato

553 votes

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

Advocate Amit Singh Aulakh LawRato

804 votes

dear
The best way to resolve the issue is to approach High court for quashing on the basis of compromise or whatsoever.
The procedure asked by the complaianant is little bit lenghty.You have to submit compromise to the police and the police department wil approach the court for cancellation of the FIR. Then the court will summon the complaianant to the court and will take his statement if he is agree with the report of the police. This will happen only if the offence is compoundable then the court will cancel the report otherwise the police will present the challan in the court and the accused will have to get the bail from the court and evidence of the complaianant shall be held and he will have to become hostile etc and it will take long timet otherwise you will have to approach the high court for quashing.

Advocate Arun Sharma LawRato