Can a Domestic Violence case be withdrawn?

Yes. An aggrieved woman may seek to withdraw a Domestic Violence case. The Magistrate may permit the withdrawal after considering the facts and circumstances of the case and ensuring that it is voluntary and not the result of coercion or undue influence, but the ability to do so depends heavily on whether the case is civil or criminal.

How Withdrawal Works by Case Type

Civil Cases (e.g., Protection of Women from Domestic Violence Act in India): The complainant can file a withdrawal petition or application directly in court. The magistrate must explicitly grant permission after verifying that the withdrawal is completely voluntary and free from any external pressure or coercion.

 Criminal Cases (e.g., State Penal Codes or Section 498A (85, BNS ): Once a criminal First Information Report (FIR) is registered and charges are formally filed, the state takes over the prosecution. The complainant cannot simply "drop" the charges. To withdraw, both parties usually must file a mutual quashing petition in a higher court (like the High Court) showing that they have reached a valid settlement or compromise.