Can complaint under 257 be withdrawn from the court if summon issued?

961 votes

a complainant can be withdraw at any time and at any stage of case before a final order is passed, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

Advocate Deepak Kumar Sharma LawRato

673 votes

Dear
Section 257 contemplates that for the complaint with the consent of the Court any time before final order is passed. Further, it is required that the complainant should make a written request for the withdrawal of the complaint satisfying the Court that there are valid grounds for withdrawal of the complaint, the Magistrate has the discretion to allow the withdrawal of the complaint and thereafter the acquittal of the accused.
Regards

LawRato LawRato

873 votes

Yes a complaint can be withdrawn at any stage before judgement under section 257 cr.p.c. the complainant must file an application before the court and should be personally present for withdrawing the complaint

Advocate Romil Sagar Srivastav LawRato

928 votes

yes before passing last order if complainant satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint case. there upon the magistrate acquits the accused.

Advocate Ajai Behari Bajpai LawRato