498a withdrawl

Querist : Anonymous (Querist) 02 December 2011 This query is : Resolved
498 A, 4 & 6 DP ACT case filed in City court.
But wifes party donot want to proceed on this case & would like compromise.

Some one was saying that this case booked under DP act, so cant be compromised.
Its at the mercy of GP & Judge.

Hence they say come prepared for some unofficial payments & it will be closed.

Question to expert: 498a under 4,6 DP act cannt be compromised ?? Is this true or what is the fact please

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Shonee Kapoor (Expert) 02 December 2011
Except in AP, it can not be compromised and withdrawn.

It needs to be quashed.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 02 December 2011
Mr. Kapoor has rightly stated according to cr.pc

M/s. Y-not legal services (Expert) 02 December 2011
dear shonee sir., husband can file quash petition before high court regard this.,

and in that petition both parties can file compromise memo before high court, by considering that high court can dispose the pending issues know?

am i wrong?

Ajay Bansal (Expert) 02 December 2011
All above are correct.

Raj Kumar Makkad (Expert) 02 December 2011
Why are going to linger on the matter and why we do not tell the shortest and effective way?

Complainant and material witnesses need to hostile in the criminal case while in their evidence and chapter closes for ever. It can orally be pleaded before the trial magistrate that a compromise has arrived at between the parties so shortest hearings may be provided.

Permanent Lok Adalat are working in each District. This matter can also be got transferred by moving an application by both parties and compromise can be made therein and order of Lok Adalat shall be final in all respect even though the offence is not compoundable. Apex court has also held in may cases to settle such disputes even in compromise.

Devajyoti Barman (Expert) 03 December 2011
What do you mean by compromise and withdrawal?
I believe if the case is ended then your purpose is served.
If that is so then in every state if the de facto gives her statement on the line of compromise the court would acquit the accused persons. There is no hassles in it.
Another remedy is definitely consensual quashing.

Sailesh Kumar Shah (Expert) 03 December 2011
I advised you to proceed as suggested by Makkad Sir.

prabhakar singh (Expert) 06 December 2011
yes! rightly advised.

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