Legal Question in Criminal Law in India
Can you withdraw a criminal case?
Hello Lawyers,
I am suspecting a family member of mine to have forged a signature of mine for getting some money. I am planning on filing a criminal complaint with the police and going legally.
My question is - tomorrow if he agrees to compensate and we decide to patch up- he pays me money, begs etc, Can I wthdraw without being penalized? I mean I don't want to get a bad name that I unwantedly tried to penalize him or defame him, but come out clean.
Does the law allow it?
Thanks!
(This is for India)
7 Answers from Attorneys
Re: Can you withdraw a criminal case?
It will depend on the charges alleged. There are few charges which are compoundable. Hence, it will depend on the charges levied by the police.
Re: Can you withdraw a criminal case?
the criminal complaint or f.i.r can be withdrawn only in case the offences under which the same is written are compoundable. in case you lodge an f.i.r u/s 420, the same can be compounded/withdrawn but in case sec. 468,471 are clubbed with it...then you will have to approach the high court for getting the f.i.r/complaint quashed.
Re: Can you withdraw a criminal case?
Once the FIR is registered, the withdrawal of complaint may depend upon police investigation about commission of the offences concerned.
Re: Can you withdraw a criminal case?
Yes, you can withdraw the criminal complaint. The law allows it. (When going for compromise, it is suggested to record it by way of 'Memorandum of Compromise' so as to avoid future complications).
Re: Can you withdraw a criminal case?
Check whether sections proposed to be invoked by you are compoundable.
If sections are not compoundable, you won't be able to withdraw the FIR registered by you.
Re: Can you withdraw a criminal case?
Yes you can withdraw. plz send us your contact detail.
You may send us your detail our legal associates can easily tackle this situation.
Regards
Advocate, Punjab and Haryana High Court, Chandigarh
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Re: Can you withdraw a criminal case?
yes, you can withdraw the allegations
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