Adv. Subhadeep Saha (Lawyer.) 18 March 2011

125 crpc

My client has filed a maintenance petition against her husband some months ago u/sec.125 crpc. Now she wants to withdraw the petition. Under which section should I file the withdrawal petition?

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3 Replies

AEJAZ AHMED (Legal Consultant/Lawyer) 19 March 2011

The Code of Criminal Procedure, 1973 (Cr.P.c)

Section–257: Withdrawal of Complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Under Section 257 of Criminal Procedure Code, the complainant can withdraw a case by filing a petition if he satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint. Thereupon the Magistrate acquits the accused.

Before the Honourable Judicial First Class Magistrate Court______

Crl. M. P. No: _______/2011

M. C. No:_______/2010/2011

Petitioner:

Respondent:

PETITION FILED U/S. 257 OF CR.P.C TO WITHDRAW THE MAINTENANCE CASE

1. This petition is filed by the complainant in the above numbered Maintenance case.

2. The Petitioner filed the above maintenance Case against the respondent for a monthly maintenance on________________(and other details about the maintenance case.)

3. That the matter related to the above numbered case has been settled and there is no need to proceed with the case. Any further proceeding with the case will only result in abuse of the process of the Court.

It is therefore, this petitioner humbly prayed that this Honourable Court may be pleased to allow the Petitioner to withdraw the case.

Dated this the _____day of ____

Petitioner/Complainant

Advocate

Adv. Subhadeep Saha (Lawyer.) 19 March 2011

To Mr. Ahmed

Thanks for your reply sir. but sorry to say if the answer would have been sec.257 crpc, I would not have asked that question.The following r the resons why withdrawal petition can not be filed u/sec.257 crpc:

In 125 crpc cases there is no 'complainant'. there is always 'petitioner'. bcoz there is no complaint as commission of any offence.but a petition to claim maintenance.sec.257 is silent about petitioner.
Sec.257 is applicable to proceedings under chapter XX of crpc i.e. TRIAL OF SUMMONS CASES BY MAGISTRATES. 125 crpc is covered by chapter IX. so sec.257 will not be applicable to 125 crpc proceedings.
In 125 crpc cases there is no 'accused'. it is either 'opposite party/respondent'. no crime committed here u/sec.125.sec.257 is silent about OP/respondent.
There is nothing as such 'acquittal' of accused as per sec.257. bcoz in 125 crpc proceedings as there is no charge framed, no offence committed, no accused, only respondent, so how come the question of acquittal comes?
125 crpc is a criminal proceeding of civil nature tried by Family court(wherever family courts have been established). so sec.257 is clearly not applicable.

If anyone is having any judgment on this point or any other answer plz advise me.