Procesure of withdrawal of complaint u/s. 498A & 384 of IPC
sunildatta akole
(Querist) 03 January 2010
This query is : Resolved
A has filed a private complaint u/s. 498A against B and his family. therefore "B" also filed a private complaint u/s. 384 of IPC against "A" and his family. In both the case the Hon'ble court passed order u/s.156(1) and as per the order the both the police station loughed the coplaints. But yet no chargesheet is filed by the police.
But now a compramise made out between both the parties and now they want to withdraw their complaint.
so whether they can withdraw their complaint by giving a simple application to the police station. if not then what is the procesure. please advise me urgently.
Kiran Kumar
(Expert) 03 January 2010
once the FIR has been registered, it can not be withdrawn.
in your case approach the Hon'ble Court of the concerned state by filing Quashing Petition on the basis of compromise.
such a petition shall be supported by affidavits of both the parties.
there are sufficient judgemsts of Hon'ble SC to deal with such kind of circumstances.
approach your local counsel with all documents in hand.
Devajyoti Barman
(Expert) 03 January 2010
Very rightly advised.There are lot of precedents.
Khaleel Ahmed Mohammed
(Expert) 09 January 2010
The complainant may request to the concerned police to with draw the cases.
