Withdrawal of criminal case
Mrs R.Yadav
(Querist) 08 February 2015
This query is : Resolved
Dear Experts,
I lodged a criminal complaint u/s 306/511/34 on 08.07.2010 aginst Director, Principal and Vice Principal of the school where I was working as teacher. The police sent cancellation report to the court. Subsequently I filed protest petition.The court summoned the accused and trial started. Then the school management terminated my services w.e.f 09.05.2012. I challenged termination order. The court on 14.09.2014 quashed termination order and directed school to reinstate me along with payment of back wages with 8% interest with continuity in service.The school moved to HC .HC directed the school to reinstate me till the matter is finally decided. Accordingly the school reinstated me on 31.12.2014. I had filed execution petition prior to it. Now the school management has asked me if I withdraw criminal and civil cases , the school management will also pay back wages. My questions are as under:-
1. If I withdraw criminal case, what statement I should make before the court? Can I may be prosecuted u/s 182 IPC in case I withdraw criminal case aginst accused ? Can accused prosecute me at later stage after withdrawal of criminal case against them ? What precautions I should keep while withdrawing criminal case against accused ?
2.I have filed execution petition also. If the school mangement make statement before court that they will pay me back wages within month and later on if they do not make payment, in such situation, can I move again to the court to get my back wages ?
Kindly advise me what should I do ?
venkatesh Rao
(Expert) 09 February 2015
1. Consult your advocate. It is not advisable to withdraw the case.
2. You may withdraw the execution petition if the school authorities file a memo in the court to the effect that they will pay the dues.
Rajendra K Goyal
(Expert) 11 February 2015
1. Without going through the case file nothing can be advised.
2. If the school authorities file statement in the court that they will pay the dues, you can withdraw the case.
T. Kalaiselvan, Advocate
(Expert) 11 February 2015
It is not advisable to withdraw the criminal cases unless concrete decisions are reduced to writing as per the terms also the execution petition may be withdrawn once the management fulfills the demand made in the EP filed by you.
