Swapna 10 November 2016

Withdrawal of criminal case

Hi,

I had filed a case against a man claiming that he has not married me after being in a relationship with me. I had no intentions of filing the case, but did it anyway in anger and agony.

Currently, the chargesheet is filed against two people. A1 being the man and A2 being his friend who spoke ill of me.

Sections filed are 420 & 417 and 509(this section is included because FIR states that the friend's behavior towards me is bad). Highcourt has quashed case against the friend already acquitting him of all charges.

Its been quite sometime and nothing much has happened in the case. I would like to withdraw the case

My question is, i want to withdraw case and ready to file filing 382 CrPc and willing to settle case outside court. I just want to move on with my life and has wasted it enough already.

But i got to know that offences of 509 can not be withdrawn. But ideally 509 is not against A1 but against A2 and he is already out of the case.

Can i proceed and file a petetion in the court to strike off the case? What reasons should i state.

Please advise what can be done to get out of this mess.

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6 Replies

Ms.Usha Kapoor (CEO) 10 November 2016

YOU CAN'T WITHDRAW A NON COMPOUNDABLE CASE AGAINST A1.Such cases are serious in nature ans hence unworthy of compromise or to setle out of court including in prmanent Lok Adalats.If you appreciate this answer please convey my forum thnks by clicking the thanks button.

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(Guest)

False case attracts 191 IPC. Be ready to go jail.

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Swapna 10 November 2016

Thanks learned experts for your replies.

509 section is added because of A2 and not for allegations against A1. A2's case is quashed already.

other sections i.e. 417 and 420 are compoundable. But wondering how can that be conveyed to the Honorable Judge.

There is no pointing in continuing the case since it does not do any good to anyone.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 10 November 2016

It is not section 382 but Section 482 Cr.P.C. You talk with accused No.1 and if he agrees, he will file a case in High Court for quashing FIR, Charge Sheet and criminal proceedings and on that date you appear in the High Court and give a statement before the Court, that you are not interested to pursue the case. The case will be dismissed there itself. It is a very easy proceeding and hence, do not worry at all. Next, if A 1 does not agree to file such case, then you have to take other route. It appears as charge sheet has not filed, so move application before the MM that you are not interested to pursue the case and discharge the accused. If charge sheet has not been filed or charges have not been framed, MM will discharge the accused.

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Pawan S (Advocate) 10 November 2016

Ask the accuse to file petition, to quash the FIR under Section 482 Cr.P.C before the HC.

The Plaintiff can give her NOC to the proceedings, by which the FIR can be quashed instead of trying to withdraw the complaint at this stage which is not possible.

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Swapna 11 November 2016

Thank you very much experts for your valuable time and responses.