Karthik (Sr. Manager) 31 August 2014

Withdrawal of case regarding crpc 107/116(3)

My father had lodged two General Diary against me for mental harassment. Following that Police sent the note to Executive Magistrate and I got an order under crpc 107/116(3) to show cause why I should not execute a bond to maintain peace. The police inquiry report is also against me.

I have submitted my reply to the executive magistrate through my lawyer on the reasons of the grounds I should not be found guilty and he may excuse me and drop the case.

The next hearing has been dated after 8 months.

Meantime myself and my father has decided to adjust the things among ourselves and solve the matter. My questions are as follows:

i) Can my father withdraw the case in this situation before the next hearing date?

ii) What is the detailed procedure to withdraw the case at this stage?

ii) How much time will it take to complete the case withdrawal process if we start next week?

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5 Replies

MANOJ HARIT (LAWYER) 31 August 2014

No. U r father cannot withdraw the case u/s 107/116(3) CrPC.

U'll have to go through the motions.

U may go to HC for quashing. But then even that may take long.

Karthik (Sr. Manager) 31 August 2014

Is there not really any other means ? Experts please advice

If the person complaining himself wants to withdraw the case then why there should be any obligation?

Ashok, Advocate (Lawyer at Delhi) 31 August 2014

I think your father can make an application to the Executive Magistrate (and also to the police) for withdrawing his initial complaint, mentioning therein that the matter has been amicably settled and that there is no further threat of peace being disturbed by you or that the public tranquillity would not be disturbed by you, etc. (i.e., averments be made about the ingredients of Section 107 Cr.P.C.). Thereafter, in exercise of the powers under Section 118 of the Cr.P.C., the Magistrate may conclude that it is not necessary for you to execute a bond for keeping peace and he may accordingly “discharge” you under that section. There is no harm in trying this procedure. If it succeeds, well and good. Otherwise, either you can try approaching the High Court, or may be, wait for the legal procedure to come to its logical conclusion in due course of time since in any case your father would not be speaking now against you in the inquiry to be conducted by the Magistrate.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 31 August 2014

the criminal complaint or f.i.r can be withdrawn only in case the offences under which the same is written are compoundable. or else you will have to approach the high court for getting the f.i.r/complaint quashed.