Short answer. No. Rule 117, Section 8 provides that a case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. Your agreement, given expressly, is a requirement for a provisional dismissal, not something the prosecutor can bypass.
What the law says
A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party
Rule 117, Section 8 — Provisional dismissal. Read the full provision →
What the law says
The provisional dismissal of offenses punishable by imprisonment not exceeding six years or a fine of any amount, or both, shall become permanent one year after issuance of the order without the case having been revived
Rule 117, Section 8 — Provisional dismissal. Read the full provision →
What the law says
With respect to offenses punishable by imprisonment of more than six years, their provisional dismissal shall become permanent two years after issuance of the order without the case having been revived
Rule 117, Section 8 — Provisional dismissal. Read the full provision →
What Rule 117, Section 8 requires
Rule 117, Section 8 answers this directly: "A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party." Two things have to happen before a provisional dismissal is valid under this rule — your express consent, and notice to whoever was offended by the alleged offense. Both conditions are written into the same sentence, so neither one substitutes for the other.
Why 'express' consent matters
The rule does not say the accused's consent may simply be inferred from silence or inaction — it says "express consent." That word choice matters: consent has to be affirmatively given, in a way that is actually communicated, rather than assumed because you did not object to a provisional dismissal at the time it happened. Staying quiet while the prosecutor moves to dismiss provisionally is not the same thing as expressly consenting to it.
What happens after a valid provisional dismissal
Once a provisional dismissal is properly made, the rule sets a time limit on how long the case can hang over you: "The provisional dismissal of offenses punishable by imprisonment not exceeding six years or a fine of any amount, or both, shall become permanent one year after issuance of the order without the case having been revived." For offenses punishable by imprisonment of more than six years, that period is two years instead of one. Either way, the dismissal turns permanent if the case is not revived within that window.
What this means if your consent was never obtained
If the prosecutor moved to dismiss your case provisionally without ever actually obtaining your express consent, the specific condition Rule 117, Section 8 sets for a valid provisional dismissal was not satisfied on its face. This article does not itself lay out the exact procedural remedy for a provisional dismissal entered without that consent; it establishes what is required, and whether that requirement was met in your case is a factual question worth reviewing against your own case record.