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How to withdraw criminal case from court ?
14-Jun-2024 (In Criminal Law)
Withdrawal depends on who prosecutes and the offence: (1) If the State (Public Prosecutor) seeks withdrawal it must file an application and obtain the court's consent under BNSS s.360; on withdrawal the accused is discharged if before framing of charge or acquitted if after framing. [https://www.aaptaxlaw.com/bnss/360-bnss-withdrawal-from-prosecution-360-bnss-2023.html] The prosecutor must apply his independent mind and show the withdrawal is in public interest and will not stifle justice (judicial supervision required). See Sheonandan Paswan v. State of Bihar. [https://indiankanoon.org/doc/184560188/] (2) If the case stems from a private complainant, compoundable offences may be settled/compounded with court permission under BNSS s.359. [https://thebharatiyanagariksurakshasanhita.in/section-359-compounding-of-offences/] (3) For non'compoundable or disputed withdrawals the remedy is to seek quashing of proceedings from the High Court in appropriate cases under its inherent powers (BNSS s.528); the Supreme Court has held quashing may be granted in limited cases where continuation would be an abuse or where conviction is a remote possibility (Gian Singh v. State of Punjab). [https://www.drishtijudiciary.com/current-affairs/section-528-bnss] [https://indiankanoon.org/doc/69949024/]
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the withdrawal of the criminal case by the complainant and shall acquit the accused against whom the complaint is withdrawn.
As per the criminal case withdrawal process under Section 257 CrPC, a complainant can withdraw a criminal complaint by making an application to withdraw the case from court before the magistrate handles the case. The process of how to withdraw a case from court is as follows:
- The complainant or their authorized representative must file an application to withdraw the case from court, requesting withdrawal of the complaint.
- The application must contain the following details:
- a) Case details, including case number, date of filing, and the name of the accused.
- b) The reason for how to withdraw a criminal case from court in India.
- c) The complainant's full name and address.
- The magistrate will hear the application and consider the reasons for the criminal case withdrawal process.
- If the magistrate is satisfied with the reasons, they will allow the withdrawal of the criminal case by the complainant.
- If the magistrate is not satisfied or feels that the withdrawal is not in the interest of justice, they may refuse the application and continue with the trial.
Once the criminal case withdrawal process is completed, the case is closed, and the accused is acquitted. The complainant cannot file another complaint on the same matter.
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