law: 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.