girl agreed for mutual consent divorce without any alimony and also get agreed for quashing of 498-A.
Her lawyer prepared compromise deed which states "(i) that girl will withdraw all civl & criminal cases aginst her-in-laws family members(name of all accused persons in 498-A case) from the courts.(ii) Girl will move joint application for converting application under section 13 to that of u/s 13(b). (iii) girl will move an application u/s 321 crpc to the District Magistrate for permission to withdraw case FIR NO.99 dated ___ u/s 498-A ,PS hira nagar pending in court of juditial magistrate.
As agreed, girl will present herself before District Magistrate for confirmation of her request for withdrawl of her complaint. According to procedure, District Magistrate send the request to Public prosecutor of concerned court for his comments, if thier is no objection then he will forward the same to Secretary(Home) of that State and he has the power to quash the charges after separate recommendation of Secretary(law).
I want to know from learned lawyers and members of this forum that wehther the above authorities have any role to play when their is consent from complainant without any threat or Alternatively, can High court under section 482 will quash FIR and challan merely on the basis of compromise attested by notory or High court will do it only after complanant appears before court.
Which is fastest and fool proof method?
