• Need easy way to cancel FIR u/s 498a

One year back false case u/s 498a lodged by my wife and charge sheet still not filed by police. But last month both will agreed and filed divorce by mutual concern and in that clearly mentioned the point of FIR to be cancelled and I am giving site worth Rs.16 Lkh as a alimony. How to cancel FIR easily with less cost?
Asked 7 years ago in Criminal Law
Religion: Hindu

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13 Answers

Hi, As per latest Supreme Court Judgement, while entering into compromise you can settle the matter by the Criminal Case itself. you and your wife need to appear before the Court and make a statement in the court or else you can file a petition under 482 of the Criminal Procedure Code for quash the FIR.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

File for quashing in HC under section 482 of cr pc based on settlement arrived at with your wife . Enclose consent affidavit by wife

HC would quash FIR

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1.The complaint lodged u/s498A of IPC is non compoundable i.e. can not be withdrawn by the complainant.

2. Ask your wife to execute an affidavit affirming that she had lodged the said 498A complaint under the influence of domestic rage and submit copy of the said affidavit to the police station.

3. Thereafter pursue with the police for filing charge sheet immediately.

4. After charge sheet is filed, you should file a petition before the high court u/s482 of Cr.P.C. praying for quashing the said FIR based on the affidavit executed by your wife.

5. High Courts do not entertain quash petition if charge sheet is not filed by the police against the FIR.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

498A is non-compoundable, so if your wife is ready to end the case then both of you may together move the High Court for the quashing of FIR.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. In trial court the 498A case would not end without full trial of the suit.

2.If the aprties have settled the dispute the quashing on high court is most convenient to dismiss the case.

3. in other words only the options 3 put by you valid method th end the case.The other to methods are not recognized by law of the land.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

File application in HC under section 482 of cr pc quashing of FIR

In alternative wife can inform police in writing that dispute has been settled . On basis of wife written statement police can file closure report in court

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hi, When the police has filed the charge sheet before the Court then you can move a application before the Court stating that you have settled the matter amicably. Court after record the statement it will close the matter.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1. Arrange for getting the charge sheet filled by pursuing with the police. This is the easiest and cheapest step which shall have to be taken by you first.

2. After that file the quash petition before the High Court as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Quashing will be the best option, in case she refused to come to court after first motion of divorce then she may again start the case and you will not get any thing.

Immediately file quashing petition before high court under section 482 of Cr.P.C.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Only no.2 will work.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

One year back false case u/s 498a lodged by my wife and charge sheet still not filed by police. But last month both will agreed and filed divorce by mutual concern and in that clearly mentioned the point of FIR to be cancelled and I am giving site worth Rs.16 Lkh as a alimony. How to cancel FIR easily with less cost?

Since the offence under section 498a is not compoundable the FIR canot be cancelled or no compromise can be arrived at on this to cancel the case.

You have an option to file quash petition in which she will give an affidavit expressing her no objection by which the high court will quash the FIR.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. If the charge sheet i filed before court, on the basis of settlement arrived between them the wife can step into witness box, become hostile witness after which the court will acquit the accused.

2. In high court she has to file an affidavit stating the matter has been settled and she has no objection to this petition filed by him under section 482 cr.p.c.

3. The police will not be able to cancel the FIR on the basis of her affidavit, but the IO can recommend the closure of FIR based on his report

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

How to cancel FIR easily with less cost?

file a petition before the high court u/s 482 crpc, on the basis of judgment delivered by the supreme court in B. S. Joshi vs sate of haryana for quashing of criminal case because parties have reached to compromise the case and filed mutual divorce case.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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