Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 280: Withdrawal of complaint
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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
Brief Detail
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows a complainant to withdraw their complaint before a final order is passed in the case. The complainant must provide sufficient grounds to the Magistrate to justify the withdrawal. If the Magistrate is satisfied, they can permit the withdrawal of the complaint, and the accused against whom the complaint is withdrawn will be acquitted.
Question & Answers
Q1: Can a complainant withdraw their complaint after the final order is passed?
A1: No, the complainant can only withdraw the complaint before a final order is passed in the case.
Q2: What does the Magistrate need to consider for allowing the withdrawal of a complaint?
A2: The Magistrate needs to be satisfied that there are sufficient grounds for permitting the withdrawal of the complaint.
Q3: What happens to the accused if the complainant withdraws the complaint?
A3: If the complaint is withdrawn, the Magistrate shall acquit the accused against whom the complaint is withdrawn.
Q4: Can the complainant withdraw the complaint against some of the accused, or only all of them?
A4: Yes, if there is more than one accused, the complainant can withdraw the complaint against all or any of them.
Example
Example 1:
A complainant files a case against two accused individuals. Before the final order is passed, the complainant decides to withdraw the complaint against one of the accused, stating sufficient grounds to the Magistrate. The Magistrate permits the withdrawal, and the accused against whom the complaint is withdrawn is acquitted.
Example 2:
In another case, a complainant withdraws the complaint against all the accused before the final order is passed. The Magistrate allows the withdrawal and acquits all the accused.
Summary
Section 280 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the procedure for the withdrawal of a complaint by the complainant. If the complainant satisfies the Magistrate with sufficient grounds, they can withdraw the complaint before a final order is passed. The accused, or any of the accused, against whom the complaint is withdrawn, will be acquitted.
