Is this compliant withdrawal valid in the law
Ranganath
(Querist) 11 May 2009
This query is : Resolved
Ld Counsels,
When a complaint was made alleging dowry demand and later it was withdrawn after enquiry without registering FIR.
Is the police correct in not registering a FIR and allow for withdrawal. Since dowry demand is a non-compoundable offense is it permissible in law to let the complainant withdraw it with out registering FIR. Another complaint was filed with additional allegations.
How many days can a complaint be kept in pending petition enquiry state.
Please clarify
A V Vishal
(Expert) 12 May 2009
Dear Ranganath,
The police has erred by not registering a FIR on basis of the complaint. Infact, enquiry takes place only after a FIR is registered. The complaint cannot be kept pending to register a FIR for completion of enquiry. You can complain to the higher ups.
adv. rajeev ( rajoo )
(Expert) 12 May 2009
When complaint is filed it is the duty of the police to prepare FIR first, but usually police people when such complainats are filed they will make an enquiry of the person against whom the complainat is lodged, if they found it is false them they will not go for FIR. But in this case withdrawl of FIR is mistake of the police, at least they could sent the FIR to the court, moreover Sedc 498(a) is non bailable offence. Hence they could have produced the accused before the court. I think money played the role.
Ranganath
(Querist) 16 May 2009
If the intension is not to harmonise how will that be viewed. In the second complaint the complainant refused for any re-union, and there are contradictions between the first and second.
B.B.R.Goud.
(Expert) 20 May 2009
No. in any non-compoundable offences, one cannot withdraw the complaint, even not registered the FIR.
