• Can a FIR lodged under IPC 356 be withdrawn by the complainant?

Can a FIR lodged under IPC 356 be withdrawn by the complainant..?
Asked 11 months ago in Criminal Law from Pune, Maharashtra
Religion: Hindu
It is a non-compoundable offence, hence the answer to your question is in negative. 
Ashish Davessar
Advocate, Jaipur
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No, complainant can not withdraw but based on the settlement the quashing is possible before high court.
Nadeem Qureshi
Advocate, New Delhi
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yes, it is compoundable offence under section 320 crpc. it can be withdrawn by informant after taking leave of the court.  
Shivendra Pratap Singh
Advocate, Lucknow
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47 Consultations
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1) Section 356 in The Indian Penal Code
356. Assault or criminal force in attempt to commit theft of property carried by a person.—Whoever assaults or uses criminal force to any person, in attempting to commit theft on any proper­ty which that person is then wearing or carrying, shall be pun­ished with imprisonment of either description for a term which may extend to two years, or with fine, or with both

2)compounding is permissible only if a particular case is covered by the
provisions under section 320 of the Code, also in such cases the compounding solely depends
upon the compromise between the parties.

3)offence is not listed under compoundable offences

4) better move Hc for quashing on basis of settlement arrived at between parties 
Ajay Sethi
Advocate, Mumbai
27395 Answers
1490 Consultations
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Hi
 No it cannot be withdrawn by the complainant if the FIR has been lodged. sec.356 is non-compoundable offence.
This means the offence cannot be withdrawn/settled/compounded  once the FIR has been filed as per the provisions of Cr.P.C sec320.
either the FIR  has to be quashed by the High court or else the trial has to take place where the witness can be  made hostile .
So the parties has to approach the high court with a mutual /consenting affidavit and ask for quashing the FIR
If the parties decided to end it and settle the dispute , they have to take either of this option.
Sec.356 IPC is , cognizable, bailable, triable by a magistrate and and non-compoundable  offence
which has maximum punishment 2 years and with or wihtout fine

Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
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Assault or criminal force in attempt to commit theft of property worn or carried by a person 2 Years or Fine or Both.
It is not a compoundable offence hence cannot be withdrawn by the complainant
T Kalaiselvan
Advocate, Vellore
17544 Answers
166 Consultations
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