Legal Advice

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court notice. now she is ready to take her complaint back but her lawyer is saying it is not possible unless my brother visits the court. So can you please help me understand the process of withdrawal and is it necessary for my brother to go to court as it is far from our location. Thank You. 

Advise

If the alleged offence is compoundable under Section 320 of the Criminal Procedure Code (crpc) then the court can permit your sister in law to withdraw her case. 

There are two kinds of compoundable cases defined in the crpc. One without the consent or leave of the court and another with the leave of the court. In the former condition the presence of the accused is not mandatory at the stage of withdrawal of case. 

In the latter situation the court can issue summons to the accused for his personal appearance in the court. The accused should appear in the court in the pursuance of summons. 

If the court does not issue summons in the latter situation it deems that the court has dispensed with the personal appearance of the accused. Hence, the appearance of your brother in the court proceeding will be decided on the basis of nature of offence and intention of the court. 

Also read: Quashing of non-compoundable case

Shivendra Pratap Singh

Advocate

High Court Lucknow