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How to withdraw a case
29-May-2023 (In Civil Law)
I cased against my son- in- low because my daughter attend suicide .she has a son .I want withdraw the case.
You sued against your son-in-law but please let me know the section(s) of the case. If there are 306 IPC (abetment to commit suicide) then you cannot withdraw your case.
Actually if there are 306 IPC then it is a state vs. case and you are the defacto complainant. 306 IPC is a non compoundable offence. So you have no right to withdraw your case.
But if may submit a petition for withdrawing the case and court can passed a order the Investigating officer to submit a report. Then if the police submits final report then court may disposed the matter in quite speedy process. But there are no provision to withdraw the case.
Thanks
Actually if there are 306 IPC then it is a state vs. case and you are the defacto complainant. 306 IPC is a non compoundable offence. So you have no right to withdraw your case.
But if may submit a petition for withdrawing the case and court can passed a order the Investigating officer to submit a report. Then if the police submits final report then court may disposed the matter in quite speedy process. But there are no provision to withdraw the case.
Thanks
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Adv. Diptiman Pal
Barasat | 200+ Answers
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Can a victim withdraw a case?
In India, the Criminal Procedure Code (CrPC) deals with the laws relating to criminal procedures. The complainant cant withdraw a complaint once the FIR is registered. However, if it reaches the court and the offence is compoundable, the case may be closed.
How can I withdraw my civil court case in India?
File a court application stating that both parties have settled out of court the case and wish to withdraw the suit. Dear Sir, once both parties have agreed on the terms, draft a settlement agreement, and ask the court to issue a consent order in accordance with the terms.
How can I dismiss a criminal case in India?
Only the prosecuting attorney or the judge has the authority to dismiss a criminal charge. The prosecutor, who filed the criminal charge, has the right to dismiss the case if the facts and circumstances warrant. 20 Sept 2023
What is the procedure to withdraw the court case?
Section 257 requires the consent of the Court to withdraw the complaint. The prosecution will not stop immediately after the complaint has been withdrawn. The Court must issue an absolution order, which is. Order of absolution from the offence. 4 May 2023
No complete details are provided in the query as when case is lodged and and under what section and whether charge sheet is submitted or not ...etc. Though maximum this type of is being under 498 A and 307 domestic violence etc If case is lodged under compoundable sections then is easy to dispose otherwise some proceedings will be followed to dispose the only withdrawal of case couldn't be processed
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What kind of case ? Civil or criminal ? If civil case then you can withdraw but criminal cases can't be withdrawn since they are done by state and not by you.
Did you file attempt to murder case ? Then you can't withdraw . It will be tried. What you can do is to loose the case.
Regards.
Did you file attempt to murder case ? Then you can't withdraw . It will be tried. What you can do is to loose the case.
Regards.
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Adv. Arnab Kumar Banerjee
Kolkata | 25+ Answers
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