case withdrawl

dipankar (Querist) 21 August 2010 This query is : Resolved
If someone has lodged a case against somebody and while withdrawing the case does he legally require to have the other part’s consent or can he withdraw the case without letting him know.

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Guest (Expert) 21 August 2010
HE HAS TO SUBMIT APPLICATION IN THE COURT WITH HIS SIGNATURE AND IN PERSON .AND PREFERABLY ON THE SCHEDULED DATE OF COURT SO THAT THE OTHER SIDE IS ALSO PRESENT IN COURT.
GOOD LUCK.COURT WILL PASS APPROPRIATE ORDER.

Sachin Bhatia (Expert) 21 August 2010
He can withdraw his case any time unless there is any counter claim pending.

Rajeev kulshreshtha (Expert) 21 August 2010
In civil matters the plaintiff can withdraw his suit himself but in that case the defendant can put his version and if there is a counter claim the counter claim shall not be dismissed automatically.

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 August 2010
You are welcome to withdraw at any time . go ahead and reduce the load on legal system.

s.subramanian (Expert) 21 August 2010
I concur with Mr.Rajeev.

niranjan (Expert) 21 August 2010
If it is unconditional withdrawal,it can be done easily.

sovedita roy (Expert) 25 August 2010
In civil cases withdrawal of a case can be done by the plaintiff if it is done unconditional where there is no counter claim or set-off from the side of the defendant in the matter criminal case compoundable offences can be withdrawal by the complainant and some the list of these compoundable offences are provided in section 320 of CrPc and also where specifically offences are made compoundable in the special acts the complainant can withdraw the case without letting the other party know but it is advisable to withdraw with the knowledge of the other side to avoid counter case.

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