She must continue with trial
Withdrawing a criminal case from the court
The victim (a woman) was hammered black and blue in her house at night 0930pm. and even attempted to kill her by dunking her face in water kept in a large vessel..Her 10 year old son is the only eye witness. The accused had forcibly entered her house under the guise of searching for their lost chicken. FIR was filed and the case is before the court. After the evidence, the parties have reached a compromise (not under plea bargain). Under the compromise, the accused had to accept that they had committed the crime and ask for forgiveness of the victim in front of the community and pay an amount of Rs.30,000 as compensation. The accused have asked for forgiveness in front of the community but have not yet paid the compensation for which the deadline is 5.5.19 Yesterday in the hearing this was told to the court. Therefore the next hearing is fixed for 10.5.19. The victim is now obliged to withdraw the case through her evidence on 10.5.19 . How is this done? One of the suggestions is that she should say that in the darkness she could not identify the accused (6 in no.) She is not ready to tell a lie in the court. What is the solution ? Should she withdraw from the compromise and continue with the trial ?
Asked 6 years ago in Criminal Law
Religion: Christian
12 Answers
See firstly withdrawing criminal case is not possible there are two option either she as witness can go hostile and can give false statement before court or a quashing petition is filed before the HC and there she doesn't contest and let matter get quashed,
Further in my view grievous crime is committed by accused herein and the women should go for trial in the matter.
Hello,
Yes she should withdraw from the compromise and proceed with the trial.
Suppose in case anything is done by the accused in future then in that case as when she goes to lodge complaint these people can take the defense that she has the habit of lodging false case etc.
In my advise she should go ahead and contest the case.
Regards
She should continue with the case and not agree to compromise
the accused may again commit such crime and attempt to murder her
do not make any false statements on oath
Under what's sections FIR is registered ? If attempt to murder than only by order of high court. Lower court has no authority to withdraw such case on compromise.
Well, I can not suggest any method to make settlement of a criminal case in lieu of money.
Taking money to withdraw the allegations of crime is itself an offence.
Do as you think it fit.
Dear Sir,
In India CrPC deals with the law relating to the criminal procedure to be followed. Once a complaint is filed and FIR registered the complainant cannot withdraw it but once it reaches court and if the offence is compoundable the case can be closed as compromised.
If an FIR is registered on your complaint to the Police then it cannot be withdrawn. The Police have power to close the investigation, in legal terms/police terminology, it is called classification of the case after FIR is registered and Investigation is over.
- A classification—- The complaint is true but the accused or person complained against could not detected/arrested for prosecution.
- B Classification——The Complaint is proved to be false after investigation. The complainant can be prosecuted if the person complained against has been arrested and or has been caused harm in mind, status and reputation.
- C Classification—— The Complaint is neither true or false.
- Abetted summary——-When the accused is dead before completion of instigation and or filing of charge sheet in the Court.
IN all other cases the complainant cannot withdraw the case without the
you can file a petition under Section 482 of CrPC seeking quashing of all the proceedings arising out of the FIR if the offences are not compoundable under section 320 of CrPC. You ll have to file the compromise deed along with the petition.
She needs change her testimony as the cases are not compoundable.
- It can be done before the court by entering into an agreement of compromise.
- Compromise means that the accused has apologised for his mistake and that is why the victim is ready to not to proceed further with the trial.
- But, if the victim has been asked to say lie before the court of law then I would advice to continue worthy the trial as accused is trying to act little more smartly.
Dear Sir,
She must turn hostile saying that there was some altercations but she do not know actually assaulted her and unable to identify the person present on the day of incident. Then prosecutor treat her hostile and cross examine her saying she lodged complaint and the contents are true. She must say that she do no know the contents but just signed it. Her eye witnesses must also turn hostile saying that they did not witness the incident or cannot identify the accused.
If the offences are non-compoundable then she cannot withdraw the case from the court.
She may step into witness box and turn hostile witness to the trial proceedings which will pave way for acquittal of the accused.
