Withdraw a Leal Case under section 509IPC and 67IT Act.

513 votes

Yes the case can be withdrawn with the written consent of the parties, the court may indulge cost to the complainant as well as the accused but it depends on judge to judge. Overall the answer is yes.

Advocate Samvidhan Raturi LawRato

592 votes

The above-mentioned sections provide for punishment above 2 years. Thus, the case will follow the procedure under Warrant trial in accordance with the Criminal Procedure Code. Another important thing to note is that both are compundable offences as well. At the very outset, the Code only allows withdrawal of case in Summons Trial as per Section 257 of the Code. The Code does not expressly provide for withdrawal in warrant trial cases. Further, in warrant trial cases the procedure will differ where the case is instituted upon a police report and when a case is filed as a private complaint (otherwise on a police report). When a case has been filed upon a poloce report, the Magistrate has the power to discharge the accused where the case is found to be groundless. But, this is only upon perusing the poloce report and the related documents. Please keep in mind that this happens before charge has been framed against the accused. If it is upon a private complaint then the Magistrate may exercise his/her discretion and upon non-appearance of complainant on day of hearing, again the Magistrate may discharge the accused upon fulfillment of the following: a) the case is lawfully compundable or not cognizable offence and b) before the charge has been framed. So, it is requested that you also mention the following in detail: a) Was the case filed upon a police report or is it a private complaint? and b) Has the charge been framed against the accused/ yet to be framed against the accused? Only then can you proceed accordingly. Again for the sake of reiteration, warrant cases can generally not be withdrawn as summons cases explicitly.

Advocate Pooja Ghosh LawRato