In a summons case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case… Is it necessary for a Magistrate to record the reasons while granting such permission for withdrawal of complaint?

Question: In a summons case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case is satisfied that there are reasonable grounds for giving permission for withdrawal.

As such he gives his permission but does not record the ‘reasons’ for giving such permission. Is it necessary for a Magistrate to record the reasons while granting such permission for withdrawal of complaint? Refer to case law, if any, on the point.

Find the answer only on Legal Bites. [In a summons case, triable by the magistrate, the complainant A seeks permission from the court to withdraw the case filed against B. The Magistrate trying the case… Is it necessary for a Magistrate to record the reasons while granting such permission for withdrawal of complaint?]

Answer

Section 257 in the Code of Criminal Procedure, 1973 lays down provisions regarding withdrawal of the complaint. It states that:

“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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.”

The Supreme Court laid down certain prerequisites for exercising the power under section 257 CrPC in the case of Provident Fund Inspector, Tirupati v. Madhusudana Chaudhury, (2000) 9 SCC 506. These prerequisites for permitting withdrawal are:

1. There must exist a request of the complainant with sufficient grounds; and
2. Recording to the satisfaction of the Magistrate on such grounds that are good for allowing the complainant to withdraw the complaint.

In this case, the trial Magistrate acquitted the accused, in the absence of any request for the withdrawal of the case, without complying with the provisions of Section 257 CrPC. The High Court refused to grant leave against the order of acquittal. Having regard to the possibility of the amount in question being paid during the pendency of criminal proceedings, the Supreme Court held in the absence of the compliance with the precondition for exercising jurisdiction under the section, the order passed by the Magistrate and thereafter refusal by the High Court to grant leave in the matter concerned, was erroneous. The matter was directed to be decided by the trial court in accordance with the law.

Thus, it is mandatory for the Magistrate trying the case to record the reasonable grounds on which permission for withdrawal was granted to the complainant.

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