Want to withdraw a case. Plz guide me Sir.

[Saramita De Chakravarti]

Respected Sir, Take my regards .. On 16th Feb 2018 I lodged a GD to our nearby PS and Police created the FIR and then it is now a State vs. case with Sections 498A/313/34/493. Mu husband stayed in JC from 17th to 20th night as on 20th he got bail as I didnot submit miscarriage documents (for Section 313) only for the sake of my husband and it’s more than 15 years of our marriage. And I am neither working nor earning. So any delay or any huge expenses I can’t bear. Moreover, want to show my heartfelt compromise to my spouse. Hence want to withdraw the case from District Court in WB and want to clear him from all these. What procedures I want to follow Sir step by step please guide me. Different PPs are trying to show me different views but I am confused what I should do now. Am just puzzled. So please guide me Sir. Plz. I will really be grateful to you till my last breath. Thank you and Regards..

[Dr. Ashok Dhamija]

You have mentioned that the FIR has been filed under Section 498-A, 313, 493, 34 IPC. All the three substantive offence in the FIR (i.e., 498-A, 313, 493 IPC) are non-compoundable offences, i.e., these offence cannot be compromised by the two parties under the provisions of Section 320 Criminal Procedure Code.

There are two options for closure of the case in such a situation:

(1) The police can close the case after completion of the investigation, if they find that there is no evidence to support the allegations made in the FIR.

(2) Both the parties can enter into a compromise, and on the basis of such compromise, a petition can be filed under Section 482 Criminal Procedure Code before the High Court for quashing the criminal proceedings. In such situation, if the High Court is convinced, it can quash the criminal proceedings in the case, depending on the nature of allegations.

     

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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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