EEA2 and undecided court case

[Peaches]

Hi,

My EU partner and I will be getting married soon and I'll be applting for a family card, but the thing that worries me is that he has a hearing in court pending for a case that has been withdrawn.

The plaintiff has admitted that it was a false accusation but apparently the case still has to be tried in court... His solicitor has told him not to worry, but the defense keeps postponing the hearing date. Should I mention it in the EEA2 form, Section 8.2, 'Have you or any family member included in this application ever been charged for an offense not yet tried in court' or rather wait till it's resolved and he is formally cleared of the charges??
I'm worried that this might not look good on the application and could influence the result.