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Withdraw the case

(Querist) 14 February 2014 This query is : Resolved 
Dear sir,
in this case,the case is on evidence stage in jmfc court,now complainant and accused is settled their dispute out of court. complainant want to withdraw this case but complainant is out of country and he could not attend court up to six month.in this case victim is complaint's wife. how can withdraw the case without the present of complainant.
ajay sethi (Expert) 14 February 2014
if complainant has remained absent for number of dates court can dismiss the case . complainant can authorise his lawyer to with draw the case
V R SHROFF (Expert) 14 February 2014
256(1)cr p c if pvt cr compl, Magistrate hv power to acquit the accused.
he cannot withdraw case
Rajendra K Goyal (Expert) 14 February 2014
Agree with the expert V R SHROFF ji.
Guest (Expert) 14 February 2014
Well advised.


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