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A court which is unwilling to admit the petition would not ordinarily grant liberty to file a fresh petition while it may just agree to permit withdrawal of the petition.
In view of above, it is most humbly prayed that instant application maykindly be accepted and the applicant may kindly be allowed to withdraw the abovetitled suit with the permission to file a fresh correctly & properly drafted suit, inthe interest of justice.
We do not want to proceed further with the complaint and hence hereby seeking withdrawal of same. We also want to bring on record that all our issues stand settled and there is no claim left against the Respondents herein.
For the withdrawal of the complaint, under Section 257, consent of the court is mandatory. Once the complaint is withdrawn by the complainant it will not directly result in stopping prosecution of the accused. The Court needs to pass an order of absolution, i.e. order of releasing the accused from the offences.
In view of above, it is most humbly prayed that instant application maykindly be accepted and the applicant may kindly be allowed to withdraw the abovetitled suit with the permission to file a fresh correctly & properly drafted suit, inthe interest of justice.