Apni Law Staff asked 1 year ago
My friend was accused of criminal breach of trust under Section 406 of the Indian Penal Code. The person who filed the complaint, however, got back their property without telling the police or the court while the case was still ongoing. Can this be considered an out-of-court settlement? Can my friend request the court to dismiss the case since the complainant received their property back?
Best Answer
Apni Law Staff answered 1 year ago
While the complainant receiving their property back may indicate a potential settlement, it does not automatically dismiss the case under Indian law. The complainant withdrawing the complaint and formally informing the court is necessary for the court to consider dismissing the case. Your friend can request the court to dismiss the case, but the final decision rests with the court.
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