SECTION 62

(1) Criminal proceedings shall be discontinued in the following cases: (a) the death of the suspect, the defender or of the accused; (b) prescription; (c) amnesty; (d) repeal of the law ; (e) after a successful plea of convict or acquit; (f) by agreement between the parties, if the law expressly so provides ; (g) the withdrawal of a complaint, where the lodging of such a complaint is a precondition for the commencement of prosecution.; (h) the withdrawal of the complaint or the civil claim by the civil party who lodged the complaint in respect of a simple offence or a misdemeanour . (2) The provisions of subsection (1) (h) above are applicable only where: - the withdrawal is voluntary; - the matter has not been heard on the merits; government department or by the injured person under the conditions laid down by law. - the offence committed does not disturb public order or good morals; in case of many civil claimants, al! of them withdraw their complaints or civil claims; - the withdrawal is not as a result of violence, fraud or deceit. (3) In the case referred to in sub-section (2) above, the court shall grant the application and award costs against the civil claimant.