What is the procedure to withdraw a criminal complaint?
21-Feb-2023 (In Criminal Law)
Section 257 of the Criminal Procedure Code (CrPC) states that if a complainant satisfies the Magistrate before the final order is passed in a case under this Chapter, that there are sufficient grounds for permitting them to withdraw their complaint against the accused or any of them, the Magistrate may permit the complainant to withdraw the complaint, and shall acquit the accused against whom the complaint is withdrawn.
As per Section 257 CrPC, a complainant can withdraw a criminal complaint by making an application before the Magistrate who is handling the case. The procedure to withdraw a criminal complaint under Section 257 CrPC is as follows:
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The complainant or their authorized representative must file an application before the Magistrate requesting the withdrawal of the complaint.
The application must contain the following information:
a) The details of the case, including the case number, date of filing, and the name of the accused.
b) The reason for withdrawing the complaint.
c) The complainant's full name and address. -
The Magistrate will then hear the application and consider the reasons for the withdrawal of the complaint.
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If the Magistrate is satisfied that the reasons for withdrawal are valid, they will allow the application and withdraw the complaint.
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If the Magistrate is not satisfied with the reasons for withdrawal or if they feel that the withdrawal is not in the interest of justice, they may refuse the application and continue with the trial.
It is important to note that once the complaint is withdrawn, the case is closed, and the accused is acquitted. The complainant cannot later file another complaint on the same matter.
Can we take case back from court?
How do I withdraw a 376 case?
Can a case be withdrawn after charge sheet?
Can a victim withdraw a case?
The process of quashing the FIR under the relevant sections mentioned by you can be done only by the Hon'ble High Court and we would need to move a joint petition along with the MOU signed between you and the opposite party.
We would like to see the contents of the FIR in order to guide you more appropriately and to suggest actions to evade any possible arrest by the Police.
In grave and heinous crimes such as murder, rape, corruption cases etc. generally FIR/ complaint are not quashed. So, you need to provide the details of the nature of offences alleged and the case status.
If it is a police complaint, then the complainant can give a statement to the police that he/she does not wish to pursue the said complaint.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Nageswararao
An MOU was written by the son of complainant to withdraw the FIR , how for it is valid?
- Dean Academics of my college threaten me and my friends to stop degree
- Draft Of Writ Petition For SUPREME COURT is Ready With Me
- case status :-- disposed , nature of disposal:- uncontested disposed
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