Withdrawal of case / complaint

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

MEMO OF PARTIES

Versus

Next date of hearing: [DATE]

APPLICATION FOR WITHDRAWAL OF THE [SUIT / PETITION / COMPLAINT] [UNDER ORDER XXIII RULE 1 CPC / SECTION 280 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (SECTION 257 CrPC) [verify section]]

Respectfully showeth:

1. That the applicant filed the above-noted [suit / petition / complaint] on [DATE].
2. That [the parties have amicably settled the matter on __ / the applicant does not wish to pursue it for __ reasons].
3. [If liberty is sought: That the [suit] suffers from a formal defect, namely __, or there are sufficient grounds for allowing the applicant to file a fresh suit on the same subject matter, under Order XXIII Rule 1(3) CPC.]
4. That the applicant is making this application voluntarily, without any pressure or coercion.
5. That the proceeding is [civil suit / other identified instrument], and the applicant requests [unconditional withdrawal / withdrawal with liberty to institute afresh]. The selected route and statutory power are [details].
6. That [if fresh-suit liberty is sought] the formal defect or sufficient ground under Order XXIII Rule 1(3) is [specific defect and effect]; the proposed fresh proceeding and limitation position under Rule 2 are disclosed. Liberty does not itself restart limitation.
7. That counterclaims, accrued rights, interim orders, costs and multiple plaintiffs are [particulars]. Consent of other plaintiffs where required and treatment of counterclaims are expressly addressed.
8. That the effect sought is [precise terms]. [For a criminal complaint: do not use the civil withdrawal provision; identify the lawful complaint-withdrawal, compounding, prosecution-withdrawal or quashing route, the competent actor and necessary permission.]

PRAYER

It is, therefore, respectfully prayed that the applicant may kindly be permitted to withdraw the [suit / petition / complaint] [with liberty to file a fresh one on the same cause of action], and the same may be dismissed as withdrawn.

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant

IN THE COURT OF [DESIGNATION OF THE PRESIDING OFFICER], [PLACE]

[CASE TYPE] No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Applicant