Settling Disputes Amicably: Application for Withdrawal of SLP on Settlement

In the intricate landscape of legal disputes, not all cases require a prolonged battle in court. Some find resolution outside the courtroom through mutual understanding, fostering harmony and saving litigation costs.

SLP Application for Withdrawal of case from Supreme Court on settlement

The Supreme Court of India provides an avenue for parties to withdraw cases on amicable settlement, as illustrated in an Application for Withdrawal of a Special Leave Petition (SLP) on Settlement in a criminal matter.

Understanding the Application for Withdrawal

When a petitioner wishes to withdraw an SLP due to an out-of-court settlement, they must file a formal application before the Supreme Court. This application outlines the reasons for withdrawal and seeks the Court’s permission to close the matter.

Key Aspects of the Application

1. Case Background
   The application begins with the petitioner summarizing the legal journey, including details of the impugned judgment and the circumstances leading to the filing of the SLP.Example:
   “The petitioner had filed the present SLP challenging the judgment dated ____ passed by the High Court, which upheld the Sessions Court’s order in Criminal Revision No. __ of 20__.”
2. Settlement Details
   The petitioner narrates the sequence of events leading to the settlement. In the example, the respondent publicly apologized for causing hurt, and both parties agreed to resolve their differences.Example:
   “During the pendency of the SLP, the respondent publicly furnished an unconditional apology in the presence of prominent community members. The petitioner and the respondent have mutually agreed to withdraw the case and live in harmony.”
3. Reason for Withdrawal
   The petitioner explicitly states their decision to withdraw the case, emphasizing the amicable resolution and the desire to avoid further litigation expenses.Example:
   “In light of the understanding reached between the parties, the petitioner no longer wishes to pursue the instant SLP.”
4. Prayers to the Court
   The application concludes with a prayer to the Court, requesting permission to withdraw the SLP and any other orders the Court deems fit.Example:
   “The petitioner prays that this Hon’ble Court may allow the withdrawal of SLP (Crl.) No. ___ of 20__ and pass any further orders as deemed appropriate.”

Why Settlement is a Positive Outcome

1. Promotes Harmony
   Resolving disputes amicably fosters peace and goodwill, especially in cases involving community relations or family matters.
2. Saves Time and Resources
   Prolonged litigation consumes time and financial resources. Settlements save both parties from these burdens.
3. Reduces Judicial Backlog
   Withdrawal of cases on settlement eases the burden on courts, allowing them to focus on unresolved disputes.

The Role of Legal Experts

Drafting an application for withdrawal requires precision to ensure the Court accepts the petitioner’s request without objections. Professional legal guidance ensures compliance with procedural norms and effectively communicates the grounds for withdrawal.

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
I.A. No. _____ of 20__
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO._____ OF 20__

IN THE MATTER OF:

_______________                                     PETITIONER

VERSUS
_______________                                     RESPONDENT

APPLICATION FOR WITHDRAWAL OF SLP (Crl.) No. ____ of 20__

To,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE HON’BLE SUPREME COURT OF INDIA

The Humble Application of the

Appellant above-named

MOST RESPECTFULLY SHOWETH:

1. The petitioner had filed the present Special Leave Petition challenging the impugned judgment/order dated ______ in Criminal Revision No. ____of 20__passed by the High Court of ___________________, whereby the Hon’ble High Court upheld the decision of the order dated _______ of Ld. Sessions Court, _______ in Criminal Revision No. __ of 20__.
2. That during the pendency of the instant petition, on ______ the respondent visited the house of the petitioner where a gathering of prominent members of the society had also been called. At the said gathering, the respondent publicly furnished an unconditional apology to the petitioner for the simple hurt caused to the petitioner on the date of the incident.
3. Since the respondent is an old and religious man of stature in the community to which the petitioner belongs and owing to the publicly rendered apology by the respondent, the petitioner and his family have decided to accept the apology. The respondent has assured the petitioner that he will not cause any trouble or harm to the petitioner in future.
4. The petitioner also assured the respondent that the instant SLP shall be withdrawn so that both parties can live peacefully and in harmony within their community without adding to the litigation expenses of either side. Thus, the petitioner and the respondent have reached an understanding whereby both parties have decided to live in harmony.
5. In light of the said understanding between both parties, the petitioner no longer wishes to pursue the instant SLP and seeks permission from this Hon’ble Court to withdraw the same.

PRAYERS

In these facts & circumstances, the Applicant prays that the Hon’ble Court, may be pleased to:

(i) Allow the petitioner herein to Withdraw the instant SLP(Crl.) No. ____ of 20__

(ii) Pass other or further orders as may be deemed fit and proper.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY

PETITIONER

Through:

____________
COUNSEL FOR THE PETITIONER

DRAWN & FILED ON:
NEW DELHI:

Conclusion

The withdrawal of an SLP on settlement reflects the effectiveness of alternative dispute resolution in fostering harmony and reducing litigation.

If you are navigating legal disputes and seeking amicable resolutions, expert legal assistance is invaluable.

Contact Legal Light Consulting (LLC) for professional support in drafting and filing applications before the Supreme Court.

Their seasoned lawyers are equipped to guide you through the complexities of the legal process and achieve the best possible outcome for your case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Note: This is a simplified explanation of the application. The actual legal and factual complexities of the case would require a detailed analysis by legal professionals