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

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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
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar Retired Judge

Responded 1 year ago

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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.


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Abhimanyu Shandilya

Responded 1 year ago

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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.
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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.
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Anik

Responded 1 year ago

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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.
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Devesh Tripathi

Responded 1 year ago

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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
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