Section 249 in The Code Of Criminal Procedure, 1973
Section 249 of CRPC “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 offense may be lawfully compounded or is not a cognizable offense the Magistrate may in his discretion notwithstanding anything hereinbefore contained at any time before the charge has been framed discharge the accused.