July 11, 2020

Application for Withdrawal of a Supreme Court Appeal in Pakistan

Client Question:  It is possible to withdraw an Appeal in the Supreme Court of Pakistan if no date is fixed for its hearing if  the appellant/applicant has entered into compromise with the complainant party through intervention of the elders of locality/Jirga. Both parties have pledged to live quietly and peacefully?

Yes, in pursuance of Section 338-E PPC (Pakistan Penal Code) the client can withdraw the appeal if he wants to submit the compromise before the learned trial Court/Sessions Court. The reasoning which needs to be given is that because the subject appeal is pending, it is not possible to do so at the same time.The court will however need to see if the withdrawal of subject appeal would seem in the interest of justice.

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