This article discusses an application filed in the Supreme Court of India seeking the withdrawal of a Special Leave Petition (SLP) in a criminal matter.

Key Points:

• Context: The SLP was filed to challenge a High Court order that upheld a lower court’s decision.
• Reason for Withdrawal: The petitioner and the respondent have reached an amicable settlement outside of court.
• Settlement Terms: The respondent has publicly apologized to the petitioner for the offence, and both parties have agreed to live in harmony.
• Prayer: The petitioner seeks the permission of the Supreme Court to withdraw the SLP.

Legal Significance:

• Out-of-Court Settlements: This application demonstrates the importance of out-of-court settlements in resolving disputes amicably.
• Withdrawal of Legal Proceedings: It highlights the procedures for withdrawing legal proceedings in the Supreme Court.
• Importance of Reconciliation: The case emphasizes the significance of reconciliation and maintaining harmonious relationships within the community

Application for Withdrawal of Special Leave Petition in the Supreme Court on Settlement

In the Supreme Court of India, under the Criminal Appellate Jurisdiction, the process of withdrawing a Special Leave Petition (SLP) following a settlement is a formal and essential procedure. Below is a format for such an application:

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. Background: 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. Apology and Settlement: 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 this gathering, the respondent publicly furnished an unconditional apology to the petitioner for the simple hurt caused on the date of the incident.
3. Acceptance of Apology: 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.
4. The respondent has assured the petitioner that he will not cause any trouble or harm in the future.
5. The petitioner also assured the respondent that the instant SLP shall be withdrawn so 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.
6. Request for Withdrawal: 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:

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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.