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Shweta (Lawyer)     10 January 2022

How to withdraw a matter under sec. 420


'A' had filed a FIR against 'B' u/sec 420 of IPC. 'B' secured a bail from Andheri court in Mumbai. The chargesheet is yet not filed. Now 'A has given an affidavit to 'B' stating that he does not wish to pursue the matter against him anymore. I wish to know what is the procedure for withdrawal of such a complaint. If possible will also need a draft of Withdrawal application.


Shweta Prabhu


 4 Replies

P. Venu (Advocate)     10 January 2022

The affidavit is of no relevance. The person who has been cheated has the option to compound.

Archana Pandey   10 January 2022

In Sec 420 a complainant at any time before a final order is passed satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, and he can make his submissions, then the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused.

Aryan Raj   16 January 2022

Dear Archana, 

Shouldn't the complainant give a strong reason for withdrawal of a case of such serious allegations?


Aryan Raj 

Archana Pandey   16 January 2022

Under Section 321 in The Code Of Criminal Procedure, 1973

321. Withdrawal from prosecution. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,-

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;

(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence-

(i) was against any law relating to a matter to which the executive power of the Union extends, or

(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ), or

(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, or

(iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case hag hot been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

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