Yes, it is true that a criminal action is one by which the State prosecutes a person for acts or omission in violation of law. Yes, it is likewise true that "any person" is allowed to institute a complaint because crimes are, generally, public in nature. However, it is not true that an affidavit of desistance is not a basis for the dismissal of a criminal action. In reality, when the private aggrieved party desists from prosecuting the case, he no longer attends trial. Being the most important witness for the prosecution, the court, in due time and after procedure, dismiss the case for failure to prosecute or abandonment.
