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Neeraj S Rajendran (Employee)     27 April 2012

Whats the procedure to withdraw filed case in criminal court

Hello Respected Lawyers,

I have few questions to ask you and get cleared from you.

Me and my friend had a small verbal fight two years ago and My friend had filed a case in Police station two years ago against me saying that IPC 326 or 526 no sure saying I have bet him. I went to court the next day and got bail.

We have now become friends and he is good to me. He feels sorry for what he did. He says he will withdraw the case. He also said he will get that case from criminal court to "Janata Court" and so forth. Sometimes he says I am coming near court and switches off mobile. He speaks good and promised on god in front of all our friends that he would with draw the case. But he is not taking time and come to court

But I need to personally I need to know is there a possiblilty to move from criminal court to JanataCourt? Is Janata Court is really present? If yes then how and when should he with draw the case.?

Also dear lawyers please tell me, how should he with draw the case that he has filed via police station.

What are the possible ways for him to withdraw the case.

The case is running since over 2 years and he is still not making mind and time to withdraw. The case has come to "Plea Guilty" level and my lawyer is not guiding me properly.


Can he withdraw in police station by giving plea, as he filed FIR there?How long this would take?

Should he come to court on the "AttendingDate" and withdraw case via PP-Public Procecuter?How long this would take?

OR Should he come through his laywer.How long this would take?


Please help me because I am in mental tension as my mistake none.

Thanks Please help

S NeeRaj


 11 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     27 April 2012


After having perused the facts - I have the following to opine :-

1. Once a crime is registered the complainant's task is over and is required only to give evidence at the time of trial. His inclination to go ahead or withdraw trial is of no consequence - as the STATE would prosecute you, what he can do is turn hostile at time of his evidence (this is strictly not advisable - as it is not legitimate and he might not even agree to this and this would expose him to various criminal/civil cases) 

2. S.326 - is not made out on a mere verbal fight - there is something more to this, (Note : There is no 526 section), it is a henious offence of grevious hurt by dangerous weapon - which can attract even life imprisonment.  Please come out clean with what offences you've been charged with (since charges have already been framed) 

3. This offence is not compoundable - meaning thereby court won't allow you and your friend to compromise. 

4. Plea Bargaining may land you up in jail. 

5. If your lawyer is not guiding you properly - hire a new lawyre. 

6 .ASAP see a good lawyer with your entire documents (Police Report/FIR etc). 

Feel free to talk !

1 Like

Neeraj S Rajendran (Employee)     27 April 2012

Hi Bharat Chugh,

Thanks for the reply.

It was not a physical attack from my end.While he was verbally attacking me, he tend to be physical he was drunk and while he was about to attack me, he fell and he got his head hurt. No Major wound. Just small 2-3 stiches. This made him more angry and he went to the police. This all happened.

How can I get away from this?He speaks to me good now but I am not able to belive him now days because he is  not turning up. He is compromised. But how can i get it resolved from the court?

If u were my lawyer what u would have suggested and done for me?

I am bored and tired of going to court now and then spending money for nothing which is mental tension. I work for a private firm this can also have impact on my career. I am mentally sufferring.

What shall I do?

He says that he wil put an application for getting that case from criminal to JanaDharnsh COURT. Is this real and possible?

Please guide me.



Anish Thakur 7018812737 (advocate)     27 April 2012

there is no procedure in criminal cases regarding withdrawl i mean once the criminal case is registered it can not be withdraw .

Neeraj S Rajendran (Employee)     08 May 2012


So What if the person who has made the complaint wants to withdraw or he is not intrested in to proceed?

There should be some procedure right?

k.kumar raja (advocate)     08 May 2012

adv.bharath chugh is correct.

Kumar (Family CEO)     08 May 2012

After several reads of Adv Chughs response and your story,  I have the following thoughts:


1. What if you can prove that the friend is a habitual drinker/alcholic and often falls and hurts himself after bouts of drinking. 


2. What if you are "missing presumed dead". Then there is no respondent and no case. Is this possible ? 


3. How did you bail yourself out. This appears to be a non bailable offence. 

S.B.adil rahman (Legal Consultant )     16 June 2012

Dear friend, I would advice you to study the Code of Criminal Procedure 1973  as ammended up to 2009. There are 2 types of compoundable offences. One of those is mutually settled between the parties i.e the complainnat and the offender and the court is informed and the other one is compoundable with the permission of the court. In 2009 amendments the law became a little bit more liberal by including many offences under IPC which can be compounded in both the ways. You have not given the correct section of law under which the chargesheet was submitted by the police and hence I am not in a position to opine correctly. Janata Adalats are the Lok Adalats which are now a days a part of our judicial system for the trifle matters. As regard the conduct of your friend(if really he is your friend?) I say TIT FOR TAT. Let him prove the case. If convicted you have enough scope of Appeals. If not convicted you are laible to get compensation under the laws of the land.

Pradeep   08 November 2015

Dear Sir,

I have a query and i need your help on this.My car (Passenger car) was stolen from a railway station on Nov 2013 when he had gone to drop a customer, after many serch i did not find my vehiche hence i asked my driver to file an FIR in the  near by polce station,after 2 months i got my vehicle from a different city recovered by polce of same city,then court released my vehicle on some conditions like- i cant not sell my vehicle, shall not change the color of my car and so on...but now i want to sell my car but i am not able to becoz RTO people they are asking a letter from Police mentioning no case is running on this car and police they cant give as still case is running.So my concern is can i withdraw my case from the polce station where i had filed the FIR so that i can sell my vehicle.Please tell me the possible ways of selling my car becoz i have already suffered a lot becoz of this car. 


Thanks in Advance


Venkatesha   03 August 2016

hi, My mother in law filed a case on me. my self and my sister in law ( my wife sister and daughter of my mother in law) were in love. it has been noticed by my wife and mother in law and file a case on be as below.

354(a), pocso, 3,5,9 and 506. i have recorded the video of our romance (sister in law with me) and it is handed over to police and it is with judicial custody now.

now. my mother in law and wife , sister in law are all ok to with draw the case which is filed on me. but, not sure what to do? how to do? 

can you please suggest us so that we can close this case ASAP! really fedup with this procedure and all. kindly respond ASAP.

Pawan S (Advocate)     04 August 2016

Criminal cases cannot be withdrawn once it is filled.

  1. Face the trial.
  2. Ask them (witnesses & plaintiff) to answer in your favor at the time of examination in chief & cross-examination during the trial.

RIZWANA   03 May 2017

Hello everyboday,

I had filed for Mental harrasment case in police station on my husband and his family, Section 498(A) , 504, 149 in Belgaum (Karnataka).  Now I have thought of giving one more chance to my married relationship, can I withdraw this case without my husband and his family? please guide me 

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