Can I withdraw case under section 354 IPC?

[Anonymous]

I had filed a case under section 354 IPC and it is being investigated by police station. The accused person who is known to my father has now apologized and wants to compromise. He is requesting us to withdraw my 354 IPC complaint. Can I withdraw my 354 IPC complaint? If I withdraw it, will police take action against me?

[Dr. Ashok Dhamija]

It may not be possible to withdraw an FIR once lodged. Further, the offence under Section 354 IPC is not compoundable. Therefore, the only option left would be to get the FIR and/or the criminal proceedings quashed from the high court.

Accordingly, if you are no more interested to pursue your Section 354 IPC complaint, on the basis of the compromise between you (as victim) and the accused, a petition may be filed in the high court under Section 482 Cr.P.C. for quashing of the FIR and/or the criminal proceedings arising out of the FIR.

     

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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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