Withdrawal Of Criminal Case By Complainant

The Criminal Procedure Code,1973 (CrPC), explains the procedure required for the  criminal trials to be conducted. These proceedings would either lead to conviction or acquittal of the accused. Other than the final conclusion of a criminal case, it could end by following ways –

• Withdrawal from proceedings.
• The accused gets acquitted.
• Due to the inherent powers of the High Court provided under Section 482.
• By way of conditional pardon.
• By abatement of the criminal proceedings on the death of the accused.

The discussion hereunder explains the concept of termination of proceedings provided in the CrPC in a simple way

Termination of the Criminal Proceedings

Termination of proceedings could be understood as an order of the court or the judgement of the court prior to which the matter shall be pending in the court which pronounces its final verdict, the judgement whose the appeal or review shall not lie in another court. No specific provision under the CrPC has been provided which states as to when the criminal proceedings will end.  For instance, under Section 257, the criminal proceedings would come to an end once the complainant has withdrawn his complaint, thus resulting in the termination of criminal proceedings.

Withdrawal from Criminal Proceedings 

Criminal proceedings would be terminated when the complainant withdraws the complaint or has withdrawn from the prosecution. 

Withdrawal of complaint from proceedings

As has been provided under Section 257, when a complainant wishes to withdraw his complaint, he can do so, before the final order has been pronounced. When the complainant satisfies the Magistrate that sufficient grounds are there to not proceed against the accused, the magistrate may allow the complaint to be withdrawn by the complainant, thus acquitting the accused. The accused, when acquitted, will not be tried again for the same offence as has been provided under  Section 300 of CrPC. Section 257 of the Code will only be applied to the summon cases.

• Provided under Section 257, all complaints which are triable as the summon cases can be withdrawn
• In case of withdrawal of complaint, under Section 257, consent of the court shall be  mandatory.
• After the complaint has been withdrawn by the complainant it would not result in  stopping the prosecution of the accused directly. Court would be required to pass the order of absolution, i.e. order the release of the accused from the charge of offences.
• For withdrawal of complaint, consent of the accused will not be necessary.

Power of stopping the proceedings in some cases

Provided under Section 258 of the CrPC,  after taking prior approval of the Chief Magistrate, the First Class Magistrate, in summon cases, can cease proceedings at any stage of the trial without pronouncing the judgement. It shall be mandatory for the magistrate to record the evidence of the principal witness before stopping the proceedings. The Magistrate can acquit the accused after recording the reasons for the same.

Acquittal 

• Provided under Section 232 of CrPC, the judge would give the order of acquittal after  taking the evidence from prosecution and examining the accused, after coming to the conclusion that no evidence is there against the accused.
• In the case of Govindaraju @ Govinda v. State (2012), it was held that no appeal against acquittal could be entertained, except for the permission of the high court. Conviction of the accused after acquittal will only be possible when the Appellate Court is convinced that the findings of the trial court were erroneous and against the principles of law.

Non- appearance or death of the complainant 

Mentioned under Section 256 of CrPC, Magistrate could acquit the accused in a summons case in case the complainant fails to appear in the court on appointed day unless the Magistrate decides to adjourn the proceedings for another day. Or if the personal attendance of the accused is not required during the hearing. 

Death of the complainant may also lead to the acquittal of the accused.

Inherent powers of high court

Section 482 of CrPC provides inherent powers to the High Courts of giving orders so as to  prevent the abuse of power and thus securing the end of Justice.

In the case of Parbatbhai Aahir v. State of Gujarat (2017), the Supreme Court provided  guidelines for quashing an FIR. It was observed by the Apex court that the high courts have been  empowered to quash criminal proceedings or complaints so as to ensure Justice. 

Termination of the criminal proceedings in case of the death of the accused 

The criminal proceedings will terminate after the death of the accused. Purpose of proceedings is to ensure justice. After the accused is dead, continuing the proceedings would only lead to the waste of resources 

Conclusion 

Termination of criminal proceedings would be completed with the acquittal of the accused and withdrawal from the prosecution. However, various other ways are there in which court  proceedings shall come to an end. Objective of the judiciary is to terminate proceedings with the completion of trial so as to ensure justice to the citizens and thus, new matters could be taken up quickly.

Lead India offers you a team of experienced criminal lawyers who have been successfully handling criminal cases. In order to deal with criminal proceedings  or to terminate the proceedings, it is advised that you contact an experienced advocate. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.