Usually, if charge sheet has already been filed it is advisable to file discharge application before the trial court instead of filing an application before the high court to quash the criminal proceedings.
However, in your case, your are seeking quashing of the case not on merits but on the basis of the compromise arrived at with the complainant / victim of the case (i.e., your wife), therefore, it stands on a different footing and it may not be possible to get a discharge from the trial court. And in any case, a discharge has to be decided on the basis of the merits of the case and not on the basis of a compromise between the parties.
Moreover, offence under Section 498-A of the Indian Penal Code (IPC) is not compoundable. Therefore, the only option left with you would be to file an application under Section 482 of the Criminal Procedure Code before the high court for quashing of the criminal proceedings. In view of the fact that both parties to the case have compromised and also because the case is of a private nature (being a matrimonial case), there is a reasonably good chance that the high court will allow your application and quash and set aside the criminal proceedings arising out of the said offence.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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