Asked April 02, 2017

Procedure to withdraw case

  • 1 Answer

Sir I am 18 years old I was in love and eloped at the age of 17 with my lover (aged 21) in the month of May. I got to know my parents lodged a kidnapping case so I got back to them and the case was closed by compromising. Since my mom was not happy with it she reopened the case in November and the cops took strict action and my lover was in jail for 3 months now he is out on bail since my dad has no problem with our relationship. I wanted to know what is the procedure to withdraw the case against my lover?

Answer 1




Dear Sir/madam,

Withdrawal of complaint before a magistrate is a plain and simple procedure but to take place before the passing of the final order in the case obviously. The complainant needs to file an application under Section 257 of The Code Of Criminal Procedure, 1973 which contains the averments of the complainant under Oath and the reasons for such a withdrawal to be recorded in writing. Also understand that once the complaint is withdrawn from the court, the bar of Section 300 of The Code Of Criminal Procedure, 1973 applies which says Person once convicted or acquitted not to be tried for same offence. Thereby restricting the complainant to reopen the case or file another complaint on the same grounds involving the same accused.

Since, your other was the one who reopened the case, her no-objection to the above Section 257 application might also be required.

The abovementioned application is filed in the court where the jurisdiction of the concerned police station lies.

Agree Comment 0 Agrees over 3 years ago

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