Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sneha Singh (Manager)     15 September 2013

Case withdrawl

Hello,

 

I want to withdraw the case but not sure if this is possible and side effect of the same.I will be very Thank Ful of some one can please respond to this at the earliest.Below are the case detail

1. FIR Lodge

2. Police did the investiagtion and Submited Final Report

3.Final Report submitted But Court Rejected the Final Report on the Basis of Medical Report

4. Court took the Statement Of Applicant & now in a stage of Closure of Evidence

My question is , Can I Withdraw the case at this stage and if yes then what is the impact on the Applicant ?

Thanks

 



Learning

 5 Replies

MohammedRaffiq Bijapur (Advocate)     15 September 2013

Case can be withdrawn at any stage of proceedings.

However the Applicant cant re- agitate his/her case again on the said set of facts because the withdrawn of case amounts to discharge/ acquittal of accused

Adv. Neha ( )     29 September 2013

Yes you can withdraw the case.

Reformist !!! (Other)     26 October 2013

498a cant be taken back.....its non compundable except state of Andhra pradesh

Sudhir Kumar, Advocate (Advocate)     27 October 2013

your husband has to file acquittal and you have to cooperate only then case can be closed.

Adv. Chandrasekhar (Advocate)     27 October 2013

Criminal cases cannot be withdrawn as such by the complainant.  There are two categories of cases - compoundable and non-compoundable. the former can be withdrawn at the instance of the complainant but not the latter.  In respect of non-compoundable offences, even trial court also cannot quash the case during trial stage and only High Court Under Section 482 cr.p.c. has got the right to quash the FIR and criminal proceedings during the pendency of the trial, only if substantial cause is shown to it.  If your case pertains to matrimonial dispute, i.e., Section 498-A, then both the husband and wife can approach the High Court for withdrawal of case and after satisfying itself about the genuineness of the statement of the wife, the court may permit her to do so and quash the criminal court proceedings lying in the trial court.


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