case regd 354 IPC for criminal intimidation. Complainant cross as PW1 over. now Complainant wants withdraw case. request procedure. can it be withdrawn.
P Goverdhan Reddy (Lawyer) 21 December 2024
case regd 354 IPC for criminal intimidation. Complainant cross as PW1 over. now Complainant wants withdraw case. request procedure. can it be withdrawn.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 21 December 2024
Procedure for Withdrawal:_ To withdraw a criminal case, the complainant can follow these steps:
This means that the case cannot be withdrawn or compromised without the court's permission. _
However:_ The court may permit the withdrawal of the case if:
1. The complainant and the accused have settled the matter amicably.
2. The court is satisfied that the withdrawal of the case is in the interest of justice. _
The complainant should be prepared to provide valid reasons for withdrawing the case.
T. Kalaiselvan, Advocate (Advocate) 22 December 2024
Section 354 of the Indian Penal Code (IPC) is not compoundable:
Section 354 of the IPC deals with assault or criminal force on a woman with the intent to outrage her modesty. It was made non-compoundable by the CrPC (Amendment) Act, 2008, which came into effect on December 31, 2009.
Therefore the complainant cannot file any petition for compounding the offence.
Since the cross examination is also completed she cannot even become hostile hence you may have to contest the case on merits alone.