The “Application for Withdrawal of Execution Petition under Section 125 CrPC” is a formal request submitted to the court to withdraw or cancel the execution petition filed under Section 125 of the Code of Criminal Procedure (CrPC). Section 125 of the CrPC deals with the enforcement of orders of maintenance. An execution petition is typically filed by a party seeking the enforcement of a maintenance order issued by the court against a defaulter who has failed to comply with the court’s directive.
However, circumstances might arise where the petitioner wishes to withdraw the execution petition, perhaps due to an amicable resolution, agreement, or change in circumstances. In such cases, the petitioner submits an application to the court seeking permission to withdraw the execution petition filed earlier. The application should provide valid reasons and justifications for the withdrawal and may require the petitioner’s presence during the court proceedings.
The court evaluates the application and decides whether to grant permission for the withdrawal of the execution petition, ensuring that the interests of both parties are duly considered and that justice is upheld in accordance with the law.