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May 12, 20233 min read

Can I Withdraw Criminal Case From Court?

In line with basic criminal laws which include the Indian Penal Code and other criminal laws, a criminal trial must be conducted in accordance with the procedural rules laid out in the Code of Criminal Procedure of 1973.


The main objective of the criminal justice framework is to provide a fair trial. After an extensive trial, which ends with a conviction or acquittal in cases where cognizance is taken, the case typically continues.


India's Criminal Procedure Code addresses the law governing the applicable criminal procedure. The complainant cannot withdraw a complaint once an FIR has been registered, however, if the offense is compoundable, the case may be closed as compromised once it has reached court.


The complaint you made to the police cannot be retracted once an FIR has been filed. After an FIR is filed and the investigation is complete, the Police have the authority to put the inquiry to an end. In legal and police terminology, this is known as the classification of the case.


Section 257: Criminal Procedure Code

It says that if a complainant persuades the magistrate before the final decision is made in a case under this Chapter that they have sufficient grounds to withdraw their claim against the person being charged or any of them, the magistrate may grant their request and will exonerate the accused who is the subject of the withdrawn complaint.


Conditions for Withdrawing a Criminal Complaint

The conditions for withdrawing a criminal complaint are as follows-

  • If the accuser or person charged could not be found or apprehended for prosecution, despite the fact that the accusation is true.

  • After investigation, if it was determined that the complaint was untrue. If the person claimed about has been arrested or has suffered a mental, social, or professional injury, the complainant may be prosecuted.

  • There is no truth or untruth to the complaint.

  • If the accused passes away before the investigation is finished and/or the charge sheet has been filed with the court.

Procedure to Withdraw a Criminal Complaint

A complainant may withdraw the criminal complaint in accordance with Section 257 of the Criminal Procedure Code by submitting an application to the Magistrate in charge of the case. According to Section 257 of the Criminal Procedure Code, the following steps must be taken to withdraw a criminal complaint-

  • The Magistrate must receive a request for the withdrawal of the complaint from the complainant or their authorized representative.

The application must include the following information-

  • Information on the case, such as the case number, the filing date, and the name of the defendant

  • The justification for the complaint's withdrawal

  • The name and residential address of the complaint.

  • The Magistrate will next hear the petition and take into account the explanations for the complaint's withdrawal.

  • If the Magistrate decides that the reasons for withdrawal are valid, the application will be allowed and the criminal charge will be withdrawn.

  • The Magistrate may reject the petition and continue the trial if they are unsatisfied with the justifications provided or if they believe that the withdrawal would not be in the interests of justice.

  • It is significant to remember that after the complaint is dropped, the case is over and the defendant is declared innocent. The complainant is prohibited from bringing up the same issue again in the future.

Not all criminal complaints can be withdrawn once they have been filed. If the complaint contains information about a cognizable offense that is not compoundable, you must apply to the High Court on your behalf for the quashing of the offense if an FIR has been filed. Otherwise, the offense can only be withdrawn.


In general, FIRs or complaints are not quashed in situations involving serious and heinous crimes like murder, rape, corruption, etc. As a result, you must give specifics on the alleged offenses' nature and the state of the case.


You will need the help of lawyers to help you withdraw your criminal case in court. If you need the help of lawyers to withdraw your criminal case in Siliguri, then Criminal lawyers in Siliguri can be hired.


If you need the help of lawyers to withdraw your criminal case in Jammu, then Criminal lawyers in Jammu can be hired. Similarly, Criminal lawyers in Raipur can be employed if you need the help of lawyers to withdraw your criminal case in Raipur.


At Lead India, you can consult and talk to lawyers for advice there. You can get free legal advice online as well as ask a legal question online for free to lawyers at Lead India.


Call Us: +91–8800788535


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