If you are interested in pursuing the case, you may appear before court and turn hostile witness while deposing evidence.
Before that inform police and APP about this, they will take care of this matter.
I want to withdraw the case!
Hi, I m a 36yrs female lives in Hyderabad with my family. In 2010 I got frequent calls from different people stating that they got my phone no from online and they want to have fun. It was continued around 3 days which was a huge mental torture hence I decided to file a FIR against it. After police investigation, it was found that one of my colleague out of rage of rejection have done this offence. That person has been arrested and a case was registered. In 2017, last month(June) I got a call from police station saying that I have to come to the court to give witness statement for that case. The boy's family keep on calling me and asking for forgiveness and their lawyer advice me to give a wrong statement in the court that I have nothing to do with this case. My question is How can I withdraw myself as witness and what are the consequences I can face?
Asked 7 years ago in Criminal Law
Religion: Hindu
9 Answers
Hi
If you wish to settle the issue with the opposite side, you can turn hostile evidence in the court.
It is the discretion if the court, mostly court will send you Summons again and then a warrant and will aim the police to get you.
You are not only a witness but the victim yourself in the matter. So attend the court and give evidence of you don't want a settlement with the opposite side.
If you don't go after the repeated Simmons court can get you through warrant and ask police to produce you in court
Best way to deal with it is speak to the App, who is the government pleader for you, who assist the police in the court.
The a App will take care of it depending on the situation.
Just tell the App if you are interested in deposing in favour of the opposite party/accused.
1)you have to appear in court and give evidence
2) if you fail to appear court can issue bailable warrant against you
3) dont give any false evidence in court
1, This is a non compoundable offence ad hence you can not withdraw the case.
2. However on your consent the accused person can apply for quashing of the case from high cour.
3. Another option during recording of your evidence in court you can express your willingness not to press the charges.
Thank you... if in case accused person is applying for quashing and i express willingness not to press the charges, is there any legal consequences I will face in future?
Asked 7 years ago
1)in case accused apply for quashing and you state on affidavit that you have no objection that the FIR be quashed you would not face legal problems in future
No, not much.
If the accused is filing a quash petition before high court and you are giving an affidavit stating that you have no objection to it, then also there is no problem to you.
Actually you are helping the accused to get relieved hence there is no problem to you even otherwise.
Hi
1) In case you give a wrong statement in the court then the accused use the opportunity to sue you for defamation and claim for damages.
2) Also in general if a complainant turns hostile, then courts are also likely to levy a penalty on you.
3) Instead both the parties can enter in to a compromise and then jointly file a quash petition under section 482 of Cr.P.C at High court. Both the parties will be required to be present in the high court at the time of filing and at the time of hearing of matter at High court.
4) High court in general will quash the case if the accused is a first time offender and a person from good academic/professional/ family back ground, provided the complainant also agrees to compromise.
5) Not to press charges is totally different from Compromise.
6) Not to press charges are available only in compoundable offences and not in non compoundable offences.
Hope this information is useful
