you can make application in HC for quashing of complaint under section 482 of Cr pc
2) wife can execute consent affidavit that she has reached an amicable settlment with you and has nop has no objection to FIr being quashed
3) HC would quash the FIR
Withdrawal of 498a, 324, 313, 406
My wife had filed a police case against me, my sister and mother under Sections 498A, 324, 313 and 406 on 26th Dec 2015. I got immediate bail and police could not arrest me, as there was no proof. Only statements from her and her brother, sisters. Abortions were done on doctor's advice due to medical complications in the pregnancy. My wife came back to stay with me in Feb 2016. We have a 3 & 1/2 year old son. Since then we are staying together in separate flat adjacent to my own flat, on the same floor. Now she is pregnant of 3 months. The charges have not been filed by court till date. We are only getting dates after every 3 months. We do not want to go ahead with this case as its unnecessary harassment. Please advice how to zeroise everything. We are told the case can not be withdrawn. regards.
Asked 8 years ago in Criminal Law
Religion: Muslim
8 Answers
1. Ask your wife to submit an affiaidvt in police.
2.Bout the lower court or the police does not have a power to close the case.
3.So only expeditious way to end the case is to go for quashing through high court.
If you need my assistance to quash the case from the high court.,calcutta feel free to contact me.I take not more than 3-4 weeks to end the case.
Can it be done through a withdrawal petition stating she does not want to pursue the case any further ? Would it be correct?
Asked 8 years ago
your wife can inform the police in writing that she does not want to persue case against her husband
2) police can file closure report in court mentioning that wife has with drawn all allegations made in the complaint filed by her
3) on said basis court can pass orders dismissing petition
Since it is a con compoundable offence withdrawal petition in the trial court does not have any value at all. Either you will have to face full trial of the case to get acquitted or file a quashing petition in high court.
Choice is yours.
We do not want to go ahead with this case as its unnecessary harassment.
Please advice how to zeroise everything.
We are told the case can not be withdrawn.
The cases under the said provisions of law are not compoundable hence no compromise arrangement can dispose this case.Therefore you an file a petition before high court under section 482 cr.p.c. seeking to quash the charges sheet.
Your wife as a respondent can file an affidavit stating that your both are living together and leading a happy married life hence she has no objection to quash the charge sheet.The high court may quash the charge sheet on this basis.
Can it be done through a withdrawal petition stating she does not want to pursue the case any further ?
Would it be correct?
This will not be the correct procedure.
You may either opt for quash before high court or she can face the trial, turn hostile to the witness and the trial court will acquit you.
Dear Querist
No, quashing petition should be filed before high court as the sections are non compoundable.
Feel Free to Call
Sections 498A and 313 IPC are non-compoundable. So if you and your wife have agreed to make peace then both of you may together move the High Court for the quashing of the FIR. This is the only way to end this.
