withdrawal

eswaramurthi (Querist) 20 October 2009 This query is : Resolved
complaint based on private complaint offence triable by Session now nbw pg in jm court, the complainant want to withdraw the complaint is it possible for magistrate allows the complainant to withdraw ? if yes what is exact provision magistrate has to follow?

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Sachin Bhatia (Expert) 20 October 2009
Mention some details about the offence(sections, compoundable or non compoundable).

Sukhija (Expert) 20 October 2009
whether summons were isued, charge framed? what is the stage of ur case....How experts will b able to guide?

joyce (Expert) 20 October 2009
private complaints can be withdrawn by the complainant stating the reasons which is geniune in the eye of law on which cause u wanna to withdraw. eg ; say NI act case, withdrawal is made by compromise of debt settlement out of court, so like wise, what sections does ur case lies with, offences triable by sessions does not clearifies the sections exactly. well, filing the memo stating the resons as to withdrawal is sufficent with oral submission.Also as sachin say, compounding offenses non-compounding offenses also taken in to considaration while withdrawal.

adv. rajeev ( rajoo ) (Expert) 20 October 2009
I agee with joyce.if in case of offences triable by sessions judge case, then complainant has to lead his evidence other evidence of other wittensesses turning hostile.
Memo is not sufficient to withdraw the case.

Raj Kumar Makkad (Expert) 20 October 2009
I think the basic quarry is a sessions triable complaint, at its preliminary stage when it is pending before magistrate (means before framing of charge/commutation) can be withdrawn by complainant or not?

I firm reply is yes. No any consideration is to be seen at that stage while withdrawing the complaint by complainant such as permission/notice/compoundable/non-compoundable etc. Complainant can withdraw his complaint.