You have to file petition for quashing of FIR and charge sheet filed in 498 A case
wife can file consent affidavit that she has no objections for FIR and charge sheet being quashed
I am Vikas & i am separated from my wife from 2009. i have one daughter & i sending money every month for her education. i never meet my daughter after 2010. She filed 498a case against me & my father in 2009 & i was attending court hearings untill 2012 but after that i living outside india. I communicate with my daughter from 2015 & i would like to know can my wife withdrawl 498A case against me & my father? what is the procedure. According to my daughter she said this case cannot possible to withdrawl. i would like to know your valuable advice Thanks
please let me know how to withdrawl 498a case by wife?
You have to file petition for quashing of FIR and charge sheet filed in 498 A case
wife can file consent affidavit that she has no objections for FIR and charge sheet being quashed
Your wife cannot withdraw the complaint/case filed under section 498A because it is not a compoundable offence.
You may have to file a quash petition before high court to quash the case under section 482 cr.p.c.
The case cannot be withdrawn by your wife neither you can do anything about it.
You may have to file a petition before high court under section 482 cr.p.c. to quash the case and she has to file an affidavit in person before the high court expressing her no objection to quash the case, after which the high court at its discretion may quash the case/charge sheet.
If the case is withdrawn by your wife than she will be in trouble and case may go against her.
So now here you can go for mutual understanding.
All cases can be withdrawn. She is not speaking the truth. Where has the case been filed?? Engage a local lawyer and find out.
She can't withdraw she needs to go for joint quashing of the same before HC or get the same finished before trial court by getting it compromised in evidence stage
Compounding of 489A is allowed by High Court. Both the parties have to file a writ under Article 226, not a petition under Section 482 of Code of Criminal Procedure, 1973. Under Code of Criminal Procedure, 1973 High Court has no power to compromise 498A but under inherent jurisdiction invoking Article 226 it can order compounding of 498A between wife and husband.
You have to file petition for quashing of FIR and charge sheet filed in 498 A case wife can file consent affidavit that she has no objections for FIR and charge sheet being quashed Mr. Ajay thanks. I am living in overseas how i can file petition for quashing of FIR and charge sheet filed in 498a case? its possible wife can file petition for quashing of FIR and charge sheet?
You can engage local lawyer for filing petition
2) lawyer can send the petition to you for your signature
3) sign the petition and vakalatnama ha r it attested before Indian consulate
4) wife can file the consent affidavit after service of notice
5) HC can quash FIR and charge sheet based in her consent
Your wife cannot file a quash petition, she's the complainant hence she cannot do it.
You may have to file a quash petition through a lawyer.
Your wife should appear before court and Express her no objection in writing in the form of an affidavit before high court supporting your quash petition.
A compromise has to be mutually agreed upon and then reduced un writing.this compromise agreement has to be filed along with the petition in the high court stating that the parties have amicably reached a settlement and hence the HC may quash the fir.
The court will do so.
Dear Sir,
1) She cannot withdraw the caee
2) You have to file petition for quashing of FIR under sec 482 CRPC, which is inherent power of high court to give orders in the interest of justice.
3) Your wife will have to provide affidavit that she has no objection to quashing of FIR.
4) You can hire a lawyer who can file petition for you and take care of legal proceedings here, by making formalities such as vakalatnama etc, OR
5) You can make a GPA/SPA in name of any of your relative, who can hire a lawyer and take the proceedings forward in your stead.
Thank you
- If she is interested to withdraw the cases filed by her , then you will have to file a quashing petition before the High Court for cancelling the said FIR filed by her .
-. Further cases can be withdraw from the same court where trail is pending, and approval from High court not required.
- Your presence at the time of quashing is required , but it can be filed by your lawyer.