File petition in HC for quashing of FIR
2) wife has to file consent affidavit in HC and be personally present on date of hearing of petition
Cancellation of 498a FIR and case
My wife had lodged a FIR for 498a in Gurgaon and the case is ongoing in Gurgaon Sessions court. The charges are yet to be pressed in the court. We are filing for divorce by mutual consent in a Delhi court where she had filed DV case. As part of the settlement the 498a needs to be cancelled. Can my wife do a "not pressed" request or will we have to move High court for quashing of the FIR and case. In summary I wish to know the best route for getting the FIR and case in Gurgaon withdrawn.
Asked 1 year ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Your wife can file an application before the Court in Gurgaon, seeking withdrawal of the case registered against you under Section 498A of the Indian Penal Code. Upon being satisfied with the genuineness of the application, the Court may issue an order for the withdrawal of the case. In case the Court is not convinced with the genuineness of the application, it may dismiss the application and proceed with the trial. In such an event, you may be required to approach the High Court for quashing of the FIR and the case.
The defacto complainant cannot withdraw the complaint once the FIR has been registered against the accused.
However she can appear before high court and express no objection by an affidavit to be filed the petitioner seeking FIR quash.
Hello,
Ask your wife to give instructions to her lawyer to withdraw the case. It will take only a date for that given your wife is present before the court.
Regards
Hello,
- The only way to get the FIR out of the way is to get it quashed in the High Court with an affidavit from the wife stating that she has settled her disputes and does not have objections to the FIR getting quashed.
- An FIR cannot be withdrawn and the only way out is to get it quashed as advised.
Need to move at HC for quashing of FIR
You will have to file a case for quashing of the FIR in the Chandigarh HC.
regards
Dear client,
In order to get the FIR and case in Gurgaon withdrawn, your wife can file an application for not pressing the charges against you in the court where the case is pending. If the court is satisfied with the grounds given by your wife for not pressing the charges, it may pass an order discharging you from the case.
However, if the court is not satisfied with the grounds given by your wife or if it is of the opinion that the case is fit to be tried, then the court may refuse to discharge you and the case will continue.
Alternatively, you can also approach the High Court for quashing of the FIR and case, but it should be done with the assistance of a competent lawyer. Quashing of the FIR and case is a discretionary power of the High Court and it will take into account various factors, including the nature of the allegations, evidence on record, and whether the continuation of the case would be an abuse of the process of law.
It is advisable to consult with a lawyer who can guide you through the process of getting the FIR and case withdrawn.
You have to move for quashing...I practice in Gurugram and Chandigarh High Court. I can do the needful. (Advocate_panwar) telegram
