What is the procedure to withdraw a criminal complaint?

456 votes

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may permit the complainant to withdraw the complaint, and shall acquit the accused against whom the complaint is withdrawn.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:

1. 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.

2. The Magistrate will then hear the application and consider the reasons for the withdrawal of the complaint.

3. If the Magistrate is satisfied that the reasons for withdrawal are valid, they will allow the application and withdraw the complaint.

4. 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It is important to note that once the complaint is withdrawn, the case is closed, and the accused is acquitted.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.

LawRato LawRato

712 votes

If you have already reached compromise with the complainant, we suggest that you must enter into a written agreement with him and get the same notarised at the soonest.



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.

Advocate Siddhant Sharma LawRato

790 votes

Complaint can withdraw the criminal complaint by filing appreciate aplicacion.But in a case where cognizance has been taken and investigation has started then it has to be quashed by High Court having jurisdiction over the matter.

Advocate Amit Gaurav LawRato

686 votes

See not every criminal complaint can be withdrawn once registered.The offence which are compoundable can only be withdrawn else if the complaint provides for an information of a cognizable offence not compoundable then, you would be required to approach the Hon'ble High Court for the quashing of the same if, any FIR has been registered.
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.

Advocate Ramaditya Tiwari LawRato

1000 votes

Complainant can withdraw a criminal complaint filed in the court by appearing for the Court and making a statement that he/she wishes to withdraw the complaint. Withdrawing is a matter of right. The Court will record your statement, which is then signed by you. The complaint is officially closed then.

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.

Advocate Rohan Garg LawRato

907 votes

You have to approach your lawyer who has filed the criminal complaint because he has to withdrew his vakalatnama and then only cort permit to withdraw the same or youcan file the application to withdraw the same

Advocate Manoj Kumar LawRato

442 votes

Section 257 requires the consent of the Court to withdraw the complaint. The prosecution will not stop immediately after the complainant withdraws the complaint. The Court must issue an absolution order, which is. The court must issue an order absolving the accused of the offenses.

Advocate Chikirsha Mohanty LawRato