Can complainant withdraw a case after partial cross-examination?

569 votes

complaint can be draw only the by way of witness hostel either I Court filling washing petition you can file if you want to withdraw the case I court in washing petition if you want to conduct trial you can conduct Royal

Advocate Shankar Bandi LawRato

838 votes

Given the situation: - *Withdrawal of a Non-Compoundable Case*: In India, cases under Section 354 (Assault or criminal force to woman with intent to outrage her modesty) are non-compoundable, meaning they cannot be withdrawn or settled out of court without the court's permission. *Procedure for Withdrawal* - *Application under Section 257 CrPC*: The complainant can file an application under Section 257 of the Criminal Procedure Code (CrPC) to withdraw the complaint. - *Court's Discretion*: The magistrate may allow the withdrawal if satisfied with the reasons provided, but this discretion is to be exercised judiciously. *Why the Magistrate Might Allow Withdrawal* - *Reasons for Allowing Withdrawal*: The magistrate might consider factors such as: - *Settlement between parties*: If the parties have reached a genuine settlement. - *Lack of evidence*: If the prosecution's evidence is weak. - *In the interest of justice*: If continuing the trial would not serve the interests of justice. *Accused's Options* - *Oppose the Application*: The accused can oppose the application for withdrawal, arguing that the case should continue to its logical conclusion. - *Request for Dismissal with Costs*: The accused can request the court to dismiss the complaint with costs, considering the false nature of the allegations. *Next Steps* - *Consult with the Lawyer*: It's essential for the accused to consult with their lawyer to strategize the best approach to oppose the withdrawal application and potentially seek a dismissal of the complaint. The court's decision will depend on the specific circumstances of the case and the applicable laws.

Advocate Narasimhachar M K LawRato

985 votes

Dear Sir, With permission of the Court it is compoundable. You may insist for trial and after getting clear acquittal you have an option to file defamation both civil and criminal case can be filed. It appears for the Complainant that she might not successful as such she is trying to get it withdrawn for which you should not allow for withdrawal even if it is withdrawn you can file above two defamation cases.

Advocate Kishan Dutt Kalaskar LawRato