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sree harsha (HR)     01 December 2010

withdraw section 493 case

How to withdraw section 493 case ? if so what is the procedure? plz help...


 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 December 2010

If charge sheet is filed there is no other way to withdraw the case.  Procedure has to follow.  It is compoundable case.  So in an evidence it can be said case is compromised..

Arvind Singh Chauhan (advocate)     01 December 2010

According to Sec 198 Cr.P.C. As being an offence of chapter XX. IPC, It should be a complaint case and not a state case. Thus it can be withdrawn under Sec 257 Cr.P.C at any stage before the judgment.

sree harsha (HR)     01 December 2010


here girls dosen't want to marry that guy.. and dosen't wnat to live with him any more..

She wants to be free from him.. at same time she wants the case to be withdrawn..

SO what kind of compromise she can go for ? 

M.Sheik Mohammed Ali (advocate)     01 December 2010

i agree mr arvind

Arvind Singh Chauhan (advocate)     01 December 2010

No compromise is required for court. Complainat can simply file an application for withdrwal, that dispute has been resolved between the parties. If still you requires to safe that guy in future she may state in withdrwal application that due to misunderstanding and communication gap between the parties, she filed the complaint and now she wants to withdraw the complaint. You can get the certified copy of withdrawl application for future.

sree harsha (HR)     01 December 2010

@ Arvind sir,


but CI in the police station saying that case cant be with drawed..

CI is telling that, if case to be withdrawn then they both have to marry.

So as per ur sggestion we can directly apply for case withdrawl without any intervention of court.

Also is it necessary to specify in application that " how the dispute is resolved"?

Arvind Singh Chauhan (advocate)     01 December 2010

Police can not investigate in this matter without the order of court as being a non cognizable offence, and court also can't take cognizance except on the complaint by the girl. Then I am unable to understand how the police came in to the scene. If the case is still with police, approach to Higher police official with above submission and request them to order for stopping the investigation as being without jurisdiction of police. Otherwise Let them do, after all courts are not fool.

sree harsha (HR)     01 December 2010

@ Arvind Sir

Sorry for asking again..

the problem is that girl filed as case ipc section 493 in anger, and hatredness because of his cheating towards her. During filing the case she dosent know that this section will punish for 10 yrs. Now FIR was also made and till now he was not presented in court.

Now she came to know about punishment, so she want to with draw the case filed on him, at the same time she dosent want to live with him or marry him. She wants to let him go free form this case.

This is the situation, SIr can u kindly give some suggestion, to withdraw the case, so that the girl will not be in trouble of marrying him. and how quickly she has to do this withdrawl (aprroximate duration)..

She really needs help sir.....

sree harsha (HR)     01 December 2010

@ Arvind Sir

Continuation to previous of my post.

In police station all are telling that if she wants to compromise , then the only way that she has to maryy him it seems.

but she dosent want to marry him..

so how can she compromise/ withdraw the case with getting marrined to him... ?

Arvind Singh Chauhan (advocate)     02 December 2010

Dear freind I think neither You are confirm about the contents of her report nor about the section. I have already said police can't lodge the FIR in such case police should lodge NCR(Non cognizable report) and suggest her to move court for complaint if the offence is realy of 493 IPC. If the FIR would have been lodged it should be submitted immidiately to the court within whose jurisdiction the police station situated.

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