Suggestion of dv case

Nilesh Agarwal (Querist) 25 June 2012 This query is : Resolved
Dear all experts,

In the matter of DV case

after filing the application of 340 Crpc by the respondent can complainant withdraw her complaint.

or she will be punished for the offence committed.

can she be prosecuted for malacious prosecution and punished for the same.

thanks in advance.

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SHIV KUMAR GUPTA (Expert) 26 June 2012
CAN YOU PROVIDE DETAILS OF CASE TO ME ON MY E-MAIL ID I.E. skgupta_b@sify.com
S.K.GUPTA
ADVOCATE
9034023576

Nadeem Qureshi (Expert) 26 June 2012
Dear Querist
she can withdraw complaint at any time but it's court discretion to take cognizance on the application u/s 340 Crpc or not.
Feel free to call

Guest (Expert) 26 June 2012
The complainant can withdraw the complaint at any time. It is for the court to which the application is made u/s 340 Cr.P.C to decide if it is going to make a complaint to the magistrate after holding an inquiry. Once the complaint is made to it,it is the discretion of the court to decide whether it is going to proceed against the accused or not.

R.K Nanda (Expert) 26 June 2012
She cannot withdraw her complaint till the application of respondent u/s 340 CRPC is
decided by court.

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