Who can withdraw the complaint and what is its effect?

Question: Who can withdraw the complaint and what is its effect? [UPCJ 1985]

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Answer

According to Section 257 of CrPC that deals with the Withdrawal of Complaint; the complainant can withdraw the case before the final judgment by satisfying the Magistrate that there is no ground for continuing the complaint on the accused and if there is more than one accused, against all, the Magistrate allows the Complainant to withdraw the case.

This section applies to summons cases. It is discretionary with the Magistrate to permit the complainant to withdraw his complaint or not. The section also makes it clear that the complainant will be permitted to withdraw his complaint against any or all the accused if there is more than one.

If the person seeking withdrawal of the complaint is not the complainant, the section would not apply. In-State of Gujarat v. B.P. Zina, 1970 CriLJ 919 where the criminal case was initiated on a police report and not on a complaint, the Magistrate cannot acquit the accused on the application of withdrawal made by a person at whose instance the police moved in the case.

The Supreme Court explained the prerequisites of section 257 in Provident Fund Inspector, Tirupati v. Madhusudana Chaudhury, (2000) 9 SCC 506 in the following words:

“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 that for exercising the power under section 257 CrPC, there must exist a request of the complainant with sufficient grounds and recording to the satisfaction of the Magistrate on such grounds that are good for allowing the complainant to withdraw the complaint. 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.”

A case is withdrawn under this section without the consent of the accused. A case is compromised if with the consent of the accused it is withdrawn. If the Magistrate permits the withdrawal of the complaint, it is imperative that he shall acquit the accused of the complaint against whom is so withdrawn.

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