Chapter XX
Section 257 CrPC: Withdrawal of complaint
New Law Update (2024)
Section 298 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Important Sub-Sections Explained
Landmark Judgements
Hiranand v. Municipal Corporation, Delhi (1977):
The Supreme Court clarified that the power to permit withdrawal of a complaint under Section 257 CrPC can be exercised at any time before a final order is passed. It emphasized the discretionary nature of the Magistrate’s power, which is to be exercised upon satisfaction of ‘sufficient grounds’.
V.S. Palanichamy v. The State of Tamil Nadu (2014):
While dealing with principles relating to quashing of criminal proceedings and compounding, this case implicitly underscores the Magistrate’s judicial discretion under Section 257 CrPC in allowing withdrawal of a complaint based on genuine and sufficient grounds, distinguishing it from an automatic right.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE AT [CITY NAME]
Criminal Case No. [NUMBER] of [YEAR]
[Complainant Name]
S/o / D/o / W/o [Father’s/Husband’s Name],
Residing at [Complainant’s Full Address]
… Complainant
VERSUS
[Accused Name]
S/o / D/o / W/o [Father’s/Husband’s Name],
Residing at [Accused’s Full Address]
… Accused
SUBJECT: APPLICATION FOR WITHDRAWAL OF COMPLAINT UNDER SECTION 257 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHEWETH:
1. That the above-mentioned criminal complaint was filed by the applicant/complainant against the accused person(s) for offences punishable under Section(s) […] of the Indian Penal Code/other relevant Act.
2. That the said case is presently pending adjudication before this Hon’ble Court at the stage of […].
3. That subsequent to the filing of the complaint, [state specific, sufficient grounds for withdrawal, e.g., ‘the parties have arrived at an amicable settlement’, ‘the complainant no longer wishes to pursue the complaint due to reconciliation’, ‘a genuine mistake was discovered’, etc.].
4. That the complainant is satisfied that there are sufficient and genuine grounds for permitting him to withdraw the present complaint against the accused person(s).
5. That the present application is being made voluntarily, without any coercion, undue influence, or external pressure.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
a) Permit the applicant/complainant to withdraw the aforesaid complaint against the accused person(s) under Section 257 of the Code of Criminal Procedure, 1973.
b) Consequently acquit the accused person(s) in the interest of justice.
And for this act of kindness, the applicant shall ever pray.
[Place]
[Date]
(Signature of Complainant/Counsel)
[Name of Complainant/Counsel]
AFFIDAVIT
I, [Complainant Name], son/daughter of [Father’s Name], aged about [Age] years, residing at [Address], do hereby solemnly affirm and declare as under:
1. That I am the complainant in the above-mentioned case and am well conversant with the facts and circumstances thereof.
2. That the contents of the accompanying application for withdrawal of complaint under Section 257 CrPC are true and correct to my knowledge and belief, and no part of it is false and nothing material has been concealed therefrom.
Verified at [Place] on this [Day] day of [Month], [Year].
Deponent
(Signature of Complainant)