Code
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Explanation
This section allows the complainant, the person who filed the complaint, to withdraw their complaint, even if the accused has been arrested or charged. This right, however, is subject to certain conditions:
- The complainant must make an application in writing to the Magistrate.
- The Magistrate can refuse to allow the withdrawal if they believe that it is being done to “screen offenders” or that the withdrawal is against the “ends of justice”.
- If the Magistrate allows the withdrawal, the case is dropped, and the accused is discharged.
- Even if the withdrawal is allowed, the Magistrate can order an inquiry into the matter to ensure the accused is not being shielded.
Illustration
Imagine someone files a complaint against their neighbor for assault. During the trial, the complainant realizes they had misunderstood the situation and decides to withdraw the complaint. They make a written application to the Magistrate, who, after considering the circumstances, allows the withdrawal. The case is then dropped, and the accused is discharged.
Common Questions and Answers
Q: Can the accused prevent the complainant from withdrawing the complaint?
A: No, the accused cannot directly prevent the withdrawal but can argue before the Magistrate that the withdrawal is being done to screen offenders and should not be allowed.
Q: Can the complainant withdraw the complaint after the final order is passed?
A: No, once a final order is passed in the case, the complaint cannot be withdrawn.
Q: What happens if the Magistrate refuses to allow the withdrawal?
A: The trial continues, and the accused can be convicted if found guilty.
