Withdrawal process for case filesd u/s 406

Querist : Anonymous (Querist) 07 July 2010 This query is : Resolved
Hi,
I have a urgent query any help in this regards is highy appreciable.

This is related to IPC section 406 Criminal breach of trust.

Party "A" has filed a complaint in Criminal Court under section 406 for recovery of certain valuables but there isint any FIR launched for the same, the case is at very preliminary stage and No summon is yet directed to Party "B "from court that said No FIR & No SUmmon therefore no investigation is yet intiated Now party "A" does not want to continue the case and want to withdraw the petition, My query is

1) Can the case be withdrawn

2) what reason need to be mentioned if any in front of the magistrate if asked for ( in this case Party A simply dosent want to get in to the legal mess hence dosent want to continue any further proceeding)

3) Does Party "B" need to be present in court for filing any Joint application or Only Party A's withdrawal pursis will be sufficient ( Party B till date is not aware of any proceedings against him)

4) what is the exach procedure to do that.

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S. Bharath (Expert) 07 July 2010
If no FIR is registered, no scope of going before the Magistrate arises. Settle the matter in the Police Station itself.

Guest (Expert) 07 July 2010

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
CRIMINAL COMPLAINT IS FILED IN CRIMINAL COURT UNDER SECTION 406 OF INDIAN PENAL CODE.
LAW PROVISIONS ARE AS UNDER.
SEC.406 READS AS CRIMINAL BREACH OF TRUST .

PERSON BY WHOM OFFENCE MAY BE COMPOUNDED-
THE OWNER OF THE PROPERTY IN RESPECT OF WHICH THE BREACH OF TRUST HAS BEEN COMMITTED.

KINDLY NOTE THAT THE COMPLAINENT AND THE PERSON WHO IS THE OWNER OF THE PROPERTY IN RESPECT OF WHICH THE BREACH OF TRUST HAS BEEN COMMITTED SHOULD SUBMIT AN APPLICATION DULY SIGNED BY THEM TO THE COURT ALLOWING TO COMPOUND THE OFFENCE WITH PERMISSION OF THE COURT.

KINDLY NOTE THAT UP ON HEARING BOTH THE ADVOCATES AND COMPLAINENT AND OWNER OF THE PROPERTY AS ABOVE, AND IN PRESENCE OF ACCUSED COURT WILL VERIFY THE DOCUMENTS AND MAY ALLOW PERMISSION TO COMPOUND THE CASE.
IT IS ADVISIBLE TO TAKE HELP OF LEGAL EXPERTS TO AVOID ANY COMPLICATIONS PLEASE NOTE

GOOD LUCK.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS.
WILL HELP YOU.
THANKS.

Sukhija (Expert) 07 July 2010
If there is no FIR , then this matter is filed by party as private complaint? If Yes he can file an application and withdraw it. no need of other party to remain present.

Raj Kumar Makkad (Expert) 07 July 2010
Private complaint can be withdrwan by complainant without seeking presence of the accused and he has not to explsin snything before withdrawl to the court. Simple application followed by his statement shall suffice.

Querist : Anonymous (Querist) 08 July 2010
Thanks so much sir,

I am not sure whst does private compaint means but yes The complaint has been filed in front of magistrate with the help of Lawyer and No FIR was made in Police station and No summon yet issue so still the complain can be removed as stated by your reply.
"Private complaint can be withdrwan by complainant without seeking presence of the accused and he has not to explsin snything before withdrawl to the court. Simple application followed by his statement shall suffice"

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