Published on: 24 September 2022 at 10:24 IST
Court – Supreme Court of India
Citation – Daxaben v. State of Gujarat (2022) SCC OnLine SC 936
Hon’ble Supreme Court of India has held that once a First Information Report is lodged and a criminal case is started by the State, thus it becomes a matter between the State and the accused. Hence, it is the duty of the State to ensure that law and order and to prosecute offenders. It is held that an informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave, serious and/or heinous nature.
Para – 40
In Criminal Jurisprudence, the position of the complainant is only that of the informant. Once an FIR and/or criminal complaint is lodged and a criminal case is started by the State, it becomes a matter between the State and the accused.
The State has a duty to ensure that law and order is maintained in society. It is for the state to prosecute offenders. In case of grave and serious non-compoundable offences which impact society, the informant and/or complainant only has the right of hearing, to the extent of ensuring that justice is done by conviction and punishment of the offender.
An informant has no right in law to withdraw the complaint of a non-compoundable offence of a grave, serious and/or heinous nature, which impacts society.
Drafted by – Abhijit Mishra
Key Words – FIR, Criminal Proceedings, Complaint, Criminal Jurisprudence.