Judge asking to withdraw case
sheetal sachdeva
(Querist) 12 October 2015
This query is : Resolved
First motion of divorce has been done , but quashing of criminal cases from both side has not yet initiated. The M.M compelling complainant to withdraw her DV matter although the Matter U/s 489A is still going on in her court . Complainant is not willing to withdraw her DV matter till other criminal cases are proceeding .
Can a judge pressurize complainant to withdraw her case.
What should complainant do.
Guest
(Expert) 12 October 2015
Dear Sheetal,
Can you please clarify, being a student, how you are concerned with the case?
sheetal sachdeva
(Querist) 12 October 2015
Sir,My neighbor is facing this problem,and as student it wl help increase my knowledge. If u can suggest me would really be gretfull
R.K Nanda
(Expert) 12 October 2015
a judge cannot pressurize complainant to withdraw her case.
SAINATH DEVALLA
(Expert) 12 October 2015
Neighbour facing problem and U require academic knowledge to assist them,Good.
Judge cannot compel the complainant to withdraw or influence to withdraw a particular case.Once a prosecution is launched,it cannot be halted except for sound and valid reasons.
R.K Nanda
(Expert) 12 October 2015
ur welcome on LCI.
Rajendra K Goyal
(Expert) 13 October 2015
Agree with the expert SAINATH DEVALLA.
K.S.Srinivas
(Expert) 14 October 2015
Agreed with Sri R.K.Nanda.
T. Kalaiselvan, Advocate
(Expert) 19 October 2015
I think your neighbor is under misconception that a judge is forcing her to withdraw the pending case. No judicial officer can compel a litigant to withdraw the case without any valid reason. You may verify the veracity of your neighbor's statement because it is against the law and no judge will go against law.
sheetal sachdeva
(Querist) 19 October 2015
Sr her first motion has done and second motion is fixed for February,criminal cases and counter case are still proceeding. Quashing has not yet been done DV and 498A matter is listed in same court .MM is asking her to withdraw her D V matter although both cases are listed in same case
