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Can a case be withdrawn after it has been filed? What is the process?

Posted by jobseeker Lavanya Bhardwaj | Approved
Answers (2)

Yes, a case can be withdrawn after it has been filed. The process involves drafting a petition, filing it in court, and potentially notifying the opposite party if their rights are affected. The court then examines the request and may grant permission for the withdrawal, potentially with conditions.
Steps to Withdraw a Case:
1. Consult with a Lawyer:
Before withdrawing, seek legal advice to understand the implications of withdrawal and whether you can file a new suit later.
2. Draft a Withdrawal Petition:
The petition should clearly state the case details, reasons for withdrawal, and whether you are seeking permission to refile the case.
3. File the Petition:
Submit the petition to the court where the case is pending.
4. Notice to the Opposite Party:
If withdrawal affects the opposite party's rights (e.g., after partial proceedings), the court may issue a notice to hear their objections.
5. Hearing Before the Court:
The court will review the request, and if the withdrawal is unconditional, it will be granted immediately. If the plaintiff seeks permission to refile, the court will examine whether a valid reason exists.
6. Court Order:
The court will issue an order, either granting withdrawal and closing the case or allowing the plaintiff to refile a new suit.

Answered by jobseeker Garima Rajput | Approved

es, a case can be withdrawn after it has been filed, but the process and requirements differ for civil and criminal cases.
Withdrawal of Civil Cases
Who can withdraw: The plaintiff (the person who filed the case) can withdraw a civil suit at any stage after filing, either in whole or in part.
Process: The plaintiff must apply to the court for withdrawal, stating the reasons.
If the court is satisfied, it may grant permission to withdraw the suit or part of the claim.
If the plaintiff withdraws without court permission, they may be liable for costs and may lose the right to file a fresh suit on the same matter.
If the withdrawal is due to a formal defect or other sufficient reason, the court may grant permission to file a new suit on the same subject.
Withdrawal of Criminal Cases
Who can withdraw:
In cases initiated by a private complaint (not by police), the complainant can apply for withdrawal before the final order is passed.
In cases prosecuted by the state (through a public prosecutor), only the Public Prosecutor or Assistant Public Prosecutor can apply for withdrawal, with the court's consent.

Process for Private Complaints:
The complainant or their authorized representative files an application before the magistrate, stating the case details and reasons for withdrawal.
The magistrate considers the application and, if satisfied, allows withdrawal and acquits the accused.
If not satisfied, the court may refuse and continue the trial.
Process for State-Prosecuted Cases:
The Public Prosecutor applies to the court for withdrawal from prosecution, explaining the reasons.
The court must be satisfied that withdrawal serves the interests of justice and public interest before granting permission.
The court’s consent is mandatory; withdrawal cannot be done solely on the prosecutor’s or government’s decision.
FIR Withdrawal:
An FIR (First Information Report) cannot be simply withdrawn by the complainant.
The High Court may quash an FIR under Section 482 CrPC if it finds the case is baseless, settled, or continuation would not serve justice

Answered by jobseeker kashvi | Approved

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