It is not possible for the complainant to withdraw a case under Section 7 and 13(1)(d) of the Prevention of Corruption Act, 1988, and more so, when such case has already been charge sheeted. These offences are not compoundable and cannot be compromised by the parties.
Quashing of the proceedings in these offences may not be permissible even by the High Court as per the guidelines laid down in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303 : AIR 2012 SC Supp 838 : 2012 Cri LJ 4934.
You may try to file a discharge application in the trial court, on the basis of an affidavit of the complainant (if he makes it) supporting your case. But, here also, there is no guarantee that the trial court will permit it, and sometimes (depending on facts) there may be a risk that perjury proceedings may be initiated against the complainant himself.
The only option that would be left open would be that during the trial, the complainant retracts his previous statement and turns hostile. But, remember, technically it is possible to convict the accused person even on the basis of the evidence of other witnesses, in particular the evidence of the shadow witness (the panch witness who accompanied the complainant during trap and witnessed the bribe demand and acceptance).
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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