Is it mandatory for the complainant to appear for the accused to be discharge in a 420 case.
In 2016 a FIR was filed against me under section 420, This matter was then settled in the the presence of mediator when I had applied for anticipatory bail. The settlement was also recorded by the judge in his order while giving the bail.
All the payments in the settlement were made to the complainant. Now, after 3 years in 2019 the IO approached me for investigation and has now filed the chargesheet.
We tried contacting the complainant but he is now asking for more money and is now not appearing in court after 3 - 4 summons through SHO and DCP also.
The charges have not been framed yet but on the next date the judge is asking to argue on charges as the offense cannot be compounded without the statement of the complainant.
We have approached high court legal aid but they are reluctant to file for quashing and are asking us to convince the district court judge to discharge the case as in high court also the same protocol will be followed.
Kindly let me know what are the right steps to follow? Can this matter be cleared through district court or shall high court intervention be necessary, as the complainant in now not appearing. Also, what happens after the charges are framed? Can we still go for quashing?