bhanudassss (service) 14 July 2010
A case (DVA-2005) is filed by the applicant and now want to withdraw as she is not in position to prove false allegations and has fear of legal action. Respondent want to revea falsity of the applicant and stop further false allegation in future. Can court decide the withdrawal without consent of the respondent ?
Daksh (Student) 14 July 2010
Dear Mr. Bhanudass,
Yes court can allow the applicant to withdraw her case without hearing the other party.
Best Regards
Daksh
Vinod kashyap (Advocate & Legal advisor) 14 July 2010
in case of private complaint, complainant can withdraw his complaint any time and not required consent of oppsite party/accused.
bhanudassss (service) 14 July 2010
Thanks for the reply. What is remedy for the suffering he beared till the date of withdrawal?
Can the court, not be stopped to allow misuse of its machinery by way of filing falses and withdrawing before or during trial?
What is evidential value of the certified document received from the court before the withdrawal of the case?
bhanudasssssss
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