How to withdraw a criminal case? How to withdraw a criminal case?

Gud morning sir
There is a case going on in session court. Our case is a trespassing case. Our neighbour is trying to encroach our small portion of land for his parking. We have filled a case against him. But now the problem is he has sold his property to another person. Now do we need to put case on them also. Please help me

Devesh Tripathi

Responded 1 year ago

View All Answers
A.See once previous encroacher has left u can withdraw the case from court or can file application to lok Adalat for closer.
If new occupants also do the same u can get lodge a fresh case against them.
U can file case in sdm court too under section 133 crpc
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

View All Answers
A.Dear Sir,
If it is a small case with bailable offences then witnesses can be turn hostile or a compromise petition may be filed in the Trial Court and get it closed. Otherwise you have to go to the High Court and get it quashed under Section 482 of Cr.P.C.


Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 1 year ago

View All Answers
A.See Section 441 Criminal Trespass is a compoundable offence hence you can ask the accused to move an application under Section 320 CrPC to compound the offence and and while doing so elaborate the fact that he has sold the land he will no more be staying there. The Magistrate will do the needful hopefully.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 1 year ago

A.Hi,
Your neighbor would still be liable for his illegal actions, even though he is not the owner of the property. You can still claim compensation and damages from your neighbour. The buyer of the property can committed no wrong, so he is not a party to the case. If you want to withdraw the case, you need to move an application of withdrawal before the court.
If you like my answer, please rate me.


Search a criminal lawyer here

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

View All Answers
A.Hi,
You can continue the case against your neighbor, as he had committed illegal act, therefore he can still be punished as per the law, even though he is not the owner of the property anymore, still if you wish to withdraw the case, you will have to move an application of withdrawal before the court.
If you like my answer, please rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Devesh Tripathi

Responded 1 year ago

View All Answers
A.best way is that u enter into compromise with your neighbor in court both of you sign and submit under section 320 crpc court will allow u and then with the copy take permission from concerned hon'ble high court. Very simple process
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconclosing the roof common passage
Dear Sir, It is a civil nature of dispute. If u can establish that there was common passage to the roof then, u can get injunction order against the obstructor.
question iconIs my position legal if I occupy plot without north road
Dear Sir, You have to place the records before the legal experts to give you exact legal opinion otherwise, u may be misled.
question iconLand Issue
Dear Sir, You have to approach directly to the High Court and get a stay order on such circular or notification issued in respect of your land which is being enjoyed by you for more than 30 years.
question iconInjuction Suit
Dear Sir, U must file a suit for declaration in respect of your accrued right on the basis of Easementary and ancillary relief may be claimed for injunction. Please read the following: --------------...
question iconKarnataka 2A creamy layer clarification
EQUIVALENT POSTS FOR OBC CREAMY LAYER.. PLEASE VISIT FOLLOWING LINK CAREFULLY http://www.ncbc.nic.in/Writereaddata/Supplementary%20Creamy%20Layer%20Report%20241115%20final%20at%20430PM%20Corrected%20b...