• Withdrawing case

M 34 yrs woman residing in Goa. I had got married in 2013 after marriage my husband told me he was forced into this marriage by his parents n doesn't like me n sent me divorce in 2014 in spite of requesting not to spoil my life. I decided not to leave matrimonial house n stayed there defending case.recently in 2017 I gave up case taking all blame on me took divorce as my age was running n I wanted to settle down. During these 4 yrs I. e. From 2014 to 2017 my in-laws were constantly threatening me to leave the house n go back to my parents house. Sp. Bro in law he installed cameras around my flat n used to stock me sitting in his room passing dirty comments whenever he see me. In 2015 one day I was returning home from work I saw my bro in law is filming me from his mobile. He used to do such things to harass me. He also threatened Me he will misuse my pics. Iuded to stay on the first floor. After sometime I went down grabbed mobile from his hand came running on top n tried to delete pics but couldn't do so.. I threw mobile from first floor down so that it breaks.it didn't break but bro in law came out abusing me followed by his wife n other fly members n took mobile inside. In 15 min lady sub inspector came to my door asking for mobile .she said they have complained I have stolen his mobile.I told her u can check my house I threw it down n he took it inside
Next day police sent me notice on basis of their complaint I went to commissioner n told h everything. Commissioner saw my divorce papers all all the fact n case was registered on bro in law under section 354a [deleted] for verbal n physical abuse n sexually colored remarks. Now recently they have requested me through my lawyer to withdraw case. N has moved the case into high court. They have prepared affidavit in my name saying there was misunderstanding between me n him so I filed case. I told them to put in affidavit that m withdrawing as he has assured me he will not trouble me in future. They are not ready to put this statement in affidavit. Now my questions are...... 1) this case can be settled 2) will it harm me legally as I have taken exparty divorce taking serious false allegations on me 3) Can he put defamation case on me after I withdraw case 4) can police take action on me for withdrawing as it's state vs him . M in delimma whether to take back case or keep it. Pls help
Asked 8 years ago in Criminal Law
Religion: Hindu

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10 Answers

1.DO NOT SIGN THIS AFFIDAVIT AT ALL. Your in laws appear to be a very crooked prison and there is every likelihood that they would get the case withdrawn and would continue the torments as beofre.

2. Son unless and until your husband or your in laws also agree to withdraw their allegations or ensure your peaceful stay in the house do not withdraw the case at all.

3. If you think there is no scope for working out this marriage anymore then you may consider filing 498A case and then case of maintenance under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

Don't withdraw the case

Your bother in law should be punished for his conduct

3) no case of defamation is made out against you

4) police would not take action against you for withdrawing case

5) you would not suffer legal problems if you withdraw case

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

Don't withdraw the case

Rs 2 lakhs is peanuts

3) ask husband to give you Rs 10 lakhs if he wants you to withdraw the case

4) he has ruined your life . Let him compensate you

Ajay Sethi
Advocate, Mumbai
98915 Answers
8044 Consultations

If there is any plan for settlement then make it recorded on a stamp paper as a mou and then act upon it.

Devajyoti Barman
Advocate, Kolkata
23575 Answers
533 Consultations

1. Section 354A is non compoundable for which you can not withdraw it.

2. What is your necessity to withdraw your complaint when the Commissioner of Police has taken initiative to protect you and arranged to register FIR under the said sections? Let law take its own course.

3. However, the affidavit to be affirmed by you is required to be seen before advising you in this regard.

4. If you affirm under affidavit that you have lodged the false police complaint to extract or extort money from them then you might be in deep trouble later on since by such affirmation on oath, you shall admit your crime punishable by law.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

1. You shall have to decide about the amount on receipt of which you shall sign the affidavit.

2. You may agree for Rs.5 lakhs for signing the affidavit.

3. In the said affidavit you should mention that since he is an old man and has explained you that his taking your photograph was not for any illegal purpose, you intend to withdraw your said complaint.

4. the contents of your affidavit is very important and should be approved by your own reliable Advocate.

5. You should take the said amount as gift or compensation towaards divorce before signing the affidavit.

Krishna Kishore Ganguly
Advocate, Kolkata
27606 Answers
726 Consultations

You dont have to withdraw the case, you can file an affidavit before high court stating that you have no objection to their case filed for quashing the charge sheet.

This will not amount to withdrawal from your side hence no defamation case would be maintainable even if they may plan to file one.

.

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

M already divorced n currently staying at parents house. I didn't get any compensation through divorce as I myself gave up on divorce case. They are requesting to withdrw this criminal case for some 2 L rupees which is compensation for divorce as well as house. But m scared to withdraw as they might have some plans to take revenge

If you apprehend any danger post withdrawal, then wait until they come out with their hidden agenda in it.

Or alternately, you may ask them to pay the amount in advance and also to give it in writing there will not be any kind of torture agaisnt her in the future too for any reason

Get it signed before witnesses from their side

T Kalaiselvan
Advocate, Vellore
89117 Answers
2436 Consultations

You may ask them to file a case for quashing in the HC and therein you can accept the said amount, in this way you can definitely not worry about their ill will.

Regards

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

You should not withdraw this case but instead of it you should file an application under section 320 of the code of criminal procedure for compounding of case. It has same effect as withdrawal of case but the opponent can not initiate any counter case against you on the basis of compounding of offences. It would be safe for you in terms of preventing future litigation against you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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