HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRL.P.No.8378 of 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in C.C.No.122 of 2004 registered for offences punishable under Sections 341, 447, 427 and 506 read with Section 34 IPC, on the file of the Court of III Additional Junior Civil Judge, Tirupathi, on the basis of a petition filed under Section 257 Cr.P.C. to withdraw the case claiming that the defacto complainant and the accused (the petitioners herein) in the case settled the matter out of Court and at the instance of the defacto complainant, the Station House Officer, Alipiri police station/the complainant, filed that petition for withdrawing the matter and to acquit the accused on the ground of the said settlement, but it was returned with endorsement as to how Section 257 Cr.P.C. could be applied to do so, but all the offences are compoundable and the Station House Officer got right to file it being the complainant by reason of which the action of the trial Court is not tenable. 2. The point for consideration is whether sufficient grounds are there to uphold the claim of the petitioners/A-1 and A-2. 3. This is a police case. At the outset, it is to be considered as to whether Section 257 Cr.P.C. could be applied for the withdrawal of the case by the police. Section 257 Cr.P.C. reads: “If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.” Therefore, by virtue of this Section, only a complainant can file a petition to withdraw a criminal case following which the accused therein is to be acquitted. This leads to examine what is meant by complaint and whether it includes a report made by a police officer and when a police officer can be called as complainant. 4. Section 2 (d) Cr.P.C. defines complaint as meant any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. The Explanation there under provides that A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant. 5. Section 2 (r) Cr.P.C. reads that a police report means a report forwarded by a police officer to a Magistrate under sub Section (2) of Section 173 Cr.P.C. 6. Therefore, the meaning of complaint excludes a police report in general whereas the explanation thereunder clearly envisages that a report made by a police officer in a case which discloses after investigation, commission of a non-cognizable offence shall be deemed to be a complaint and the police officer by whom such a report is made shall be deemed to be the complainant. So it is categorical that an exception is made to the general rule that the police report is not a complaint including within the ambit of it a report made by a police officer in a criminal case which discloses after investigation commission of a non-cognizable offence. Consequently, a report made by a police officer with regards to a cognizable offence cannot be termed as complaint. 7. Chapter XII Cr.P.C. deals with information to the police and their powers to investigate. Section 173 Cr.P.C. which comes under that chapter deals with the question of filing a report by a police officer on completion of necessary investigation in a criminal case. There by the nomenclature to be used for such report is subject to the definition of complaint as enjoined in Section 2 (d) Cr.P.C., and also Section 2 (r) Cr.P.C., by which it is to be termed as a police report. 8. Sections 341 and 447 IPC are congnizable offences and Sections 427 and 506 IPC are non-cognizable offences. Emphatically, Section 257 Cr.P.C. refers to withdrawal of a complaint but not withdrawal of a police report. Therefore, Section 257 Cr.P.C. is only to be limited to a complaint filed by a private party or a complaint filed by a police officer after completing necessary investigation in a non-cognizable case. Thereby the question of filing any petition by the police officer under Section 257 Cr.P.C. for the purpose of withdrawing the case does not arise at all. 9. Eventually it is to be held that the petition was filed with misconception. 10. Further, when the alleged offences are compoundable, the parties can take necessary recourse under Section 320 (1) or 320 (2) Cr.P.C. It is quite surprising that instead of taking recourse under those causes, the petitioners/A-1 and A-2 have preferred to file this quash petition before the High Court which resulted in wastage of lot of their valuable time and money. 11. Accordingly, the Criminal Petition is disposed of. ___________________ 18th November 2011 Note: L.R.Copy to be marked. Office is directed to furnish a copy of this order to the Registrar (General). B/o. kvr