You have not made clear what type of criminal case it is and what offences are involved.
Please note that certain offences are compoundable by the parties under the provisions of Section 320(1) of the Criminal Procedure Code.
Certain other offences are compoundable by parties with the permission of the court under the provisions of Section 320(2) of the Cr.P.C.
This section (i.e., Section 320) mentions who can compound the case. Generally, it is the victim of the offence.
Then under Section 321 of the Cr.P.C., power has been given to the Public Prosecutor or the Assistant Public Prosecutor in charge of a case to withdraw a criminal case from prosecution, with the permission of the court. Generally, the PP or the APP would move under this Section only with the permission or under order of the State Government.
For certain offences, which are not covered under Section 320 of Cr.P.C. (as above), a petition can be filed before the High Court under Section 482 of the Cr.P.C. for quashing the criminal proceedings on the basis of a compromise between the parties.
All these provisions may lead to directly or indirectly withdrawal of a criminal case. It all depends on the nature of the offence, which you have not mentioned in your question.
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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