Code of Criminal Procedure Act, 1973
249.Absence of complainant.-
When the proceedings have been instituted upon
complaint, and on any day fixed for the hearing of the case, the complainant is
absent, and the offence may be lawfully compounded or is not a cognizable
offence, the Magistrate may, in his discretion, notwithstanding anything
hereinbefore contained, at any time before the charge has been framed,
discharge the accused.