Section 257 of the Code of Criminal Procedure provides that if, at any time before a final order is passed under this Chapter, a complainant satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw the complaint against the accused, or any of them (when there are more than one accused), the Magistrate may permit him to withdraw the same, and if he does so, he must thereupon acquit the accused against whom the complaint is withdrawn.
The section of the old Code corresponding to the present S. 257 was worded in such a way that it gave rise to doubts whether the complaint could be withdrawn only against some of the accused in cases in which there were several accused persons. While suggesting amendments to the provisions, the Law Commission observed that the power of withdrawal of a complaint, like that of compounding an offence, should be exercisable as regards each accused separately when there are more than one accused. It is clear that the present code has incorporated this suggestion.
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