Rajaramana RV (Employee) 28 November 2013
Dear Experts,
I am looking for the best solution to close a case under section 324 whereby the opposite party has taken the decision to take back the case.
The chargesheet is not filed and the accused is out on bail.
How can the case be closed if the opposite party gives an affidavit that there was no harm caused to them.
Can the police close the case on its own or does the courts have to be involved. Kindly advise.
Pvt_RajKing (Private) 28 November 2013
Was it a private complaint? If it is a private complaint then the complainant simply file an application or memo for withdrawal.
If it is police filed, then the police can chose to close the case if a Final report to the court is not filed yet.
If the Final report is filed then the complainant has to appear at the court and file an application praying for the same and it is up to the court to make the call.. they usually will accept.
Let us know the correct current status of the case.. so that we can offer specific suggestions..
Rajaramana RV (Employee) 28 November 2013
It has been filed by the police.
Final report has not been filed yet. So basically, the police can take the back or the court will have to be approached by the complianant? Kindly respond with valuable advice.
Pvt_RajKing (Private) 28 November 2013
Yes the police can simply file a closure report stating the complaint was found untruthful or that the complainant withdrew his complaint etc...
You can also make the complainant file an application to withdrew the complaint with the concerned police station and get it acknowledged so that the police don't change their mind later for money....
Good luck!!
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