Legal Question in Criminal Law in India

code of criminal procedure,1973(India)

can the judge proceed with the case when the complainant deposes before the court that he does not want to proceed further in his case?what is the provision in this regard in code of criminal procedure,1973(India)?


Asked on 10/06/08, 12:23 am

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: code of criminal procedure,1973(India)

Usually not, unless some other offence is disclosed and the court finds that the same is worth triable.

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Answered on 10/06/08, 9:35 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: code of criminal procedure,1973(India)

there are certain offences which are not so serious in nature so they are compoundable u/s 320 of criminal procedure code. but the serious offences, such as murder, rape, dacoity, robbery, culpable homicide etc...are non compoundable. i.e. even if the complainant or informant wishes to withdraw the complaint or get his f.i.r. quashed, it will not be allowed as such offences cause serious damage to the society at large. u need to mention that you are charged under what all penal provisions.

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Answered on 10/06/08, 12:40 am
Shrichand Nahar S.V.Nahar, Advocate

Re: code of criminal procedure,1973(India)

That will depend on nature of offence. If it is a compoundable offence, then only court may drop the case.

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Answered on 10/06/08, 1:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: code of criminal procedure,1973(India)

depends wheather the offence is compoundable or not.

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Answered on 10/08/08, 10:01 am


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