Withdrawl of complaint
BHARTI KOTHARI
(Querist) 05 May 2017
This query is : Resolved
hello Experts,
I have filled criminal complaint under S. 406, 420 & 13 of MOFA act as the builder was not conveying the title to society and magistarate passsed the order under 202 however the same is pending for the police report in the mean time the builder agreed for the conveyance and the complainant do not wish to proceed with the complaint. Am i entitled for withdrawldl of court case as being private case society do not wish to proceed ?
Guest
(Expert) 05 May 2017
In my opinion, till the time the conveyance is not over you should keep the complaint pending.
If the police report is not filed and by that time the conveyance is over, the police will file a Summary report, saying that no offence is made out and the Magistrate can dismiss the complaint u/s 203. Till then, in my opinion, you wont be able to withdraw the complaint. Now the ball is the court's court. The accused will have say in this only if process is issued u/s 204.
