Surita Sen (Secretary) 18 February 2010

Withdrawing charge

I had immediately filed a FIR against by son-in-law after my daughter committed suicide on 16/06/09 though she had left a suicidenote blaming no one for her suicide.They had been married for for 14 years and were together all along.The Police registered a case under 498A and 306 and arrested my son-in-law. He was in PC and JC for 45 days before being granted bail.

I dont want to stand by the accusations I had then I brought against him on the spur of the moment. I know I cant withdraw the case now. However, I want to help my son-in-law. Please suggest how I can state that I dont want to stand by the charge I made and to whom?Will any such writing jeopardize my son-in-law who is out in bail? I dont want my son-in-law to face any conviction.

Please help.

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2 Replies

Arvind Singh Chauhan (advocate) 19 February 2010

Generally courts also keeps the view in mind, that family relations should not be left to be detotriated, if any criminal proceeding is started in whims. But courts are bound to follow law. Neither you withdraw the case nor you can compound. Remedy is if the witness of the case turns hostile, your son in law may be acquitted. Parties may also apply to HC under 482 Cr.P.C. to quash the proceeding, applying a libral view in the interest of your relationship.