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20 October 2009

Case based on private complaint u/s.307 IPC and SC & ST Act mother ended in aquittal in Court of sessions, now split up case pending before the magistrate, NBW pg, now the complainant want to withdraw the complaint is it possible for magistrate allow the withdrawal

Raj Kumar MakkadOnline (Expert)
20 October 2009

Yes. The complainant can withdraw his complaint (split up) pending before the court of magistrate without any hurdle simply by moving an application and making his statement as per requirement of the court.

Sachin Bhatia (Expert)
20 October 2009

Yes complainant can withdraw his complaint.

n.k.sarin (Expert)
20 October 2009

its depend on the court.

Arvind Singh ChauhanOnline (Expert)
20 October 2009

yes complainant can withdraw, but it is court's discretion to accept the withdrawal or to reject

Adinath@Avinash PatilOnline (Expert)
20 October 2009


adv. rajeev ( rajoo )Online (Expert)
21 October 2009

If the offences are compoundable still charge is not framed complaint can be withdrawn, if offences are non compoundable charge is framed and the stage is for the complainant's evidence accused will have to face the trial. Wittnesses may turned hostile.

n.k.sarin (Expert)
22 October 2009

agree with Mr rajeev

Khaleel Ahmed (Expert)
24 October 2009

Yes the complainant can withdraw his complaint at any time.

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