Sec 257 cr.pc withdrawal of complaint
Ashutosh Choubey
(Querist) 13 February 2014
This query is : Resolved
Dear Sirs,
The complainant had filed a case u/s 500 IPC for defamation. The accused had taken bail few years back but the case is pending as the complainant never press before the court. In January 2013 the complainant filed a withdrawal petition u/s 257 Cr.pc as the case is compoundable without permission of the court.The complainant also personally appeared before the court and filed the withdrawal petition. But the hon'ble court has not taken any decision so far for withdrawal and disposal of the case by acquittal of the accused. The matter is pending. Recently a prayer has been made by the accused without giving any reason that he does not want to press the withdrawal petition.
Kindly give your expert opinion as to whether it is allowed under sec 257 Cr.pc to continue the case case if the withdrawal petition is filed. Kindly also advice what steps we should take before the court in this matter.
Devajyoti Barman
(Expert) 13 February 2014
Since it is compoundable offence the court can allow the complainant to withdraw the case.
If the case is complaint case, then he can even let it dismissed on non-prosecution.
Vidhi Joshi
(Expert) 13 February 2014
agree with devjyoti ji
Rajendra K Goyal
(Expert) 14 February 2014
Agree with the expert Devajyoti Barman ji. In a compoundable offense, complainant may submit withdrawal of case and court may allow.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
On the basis of complainant's petition seeking permission to withdraw the case u/s 257 Cr.P C the court may dismiss the case or the court may even dismiss the case suo motu if in its opinion the complainant failed top prosecute the case any further despite sufficient opportunities given.
T. Kalaiselvan, Advocate
(Expert) 15 February 2014
On the basis of complainant's petition seeking permission to withdraw the case u/s 257 Cr.P C the court may dismiss the case or the court may even dismiss the case suo motu if in its opinion the complainant failed top prosecute the case any further despite sufficient opportunities given.
