Withdrawal / Disposing-Off 498A, 406.

Querist : Anonymous (Querist) 02 June 2011 This query is : Resolved
Dear Sir / Madam:

Matter Settled between Wife & Husband - Both Satisfied with Settlement.

1. 498A & 406 Cases Pending in Metropolitan Majistrate's (MM) Court. FIR Filed. BUT, Chargesheet not yet Filed by Police.

2. Wife ready to say in front of MM that she is No more interested in pursuing the Cases. Is it possible that on her statement MM can dispose-off or Quash 498A & 406?

3. If the Cases are to be Disposed-off or Quashed in HC - How long does it take for HC to do so?

4. In Quashing - If the Wife comes in front of HC & says that She wants to settle the matter and withdraw 498A & 406 - Will the HC accept her statement & allow the Cases to be Withdrawn in MM?

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Devajyoti Barman (Expert) 02 June 2011
2. No before framing of charge the Magistrate would not discharge, but the police on the basis of affidavit of the wife can give final report to the Magistrate.

3. Quashing of this nature takes not more one month in Calcutta high court.

4. There is a procedure to do that. The court are not run at the wish of the parties. Engage a lawyer who would guide you how to do that.

lingraj maradi (Expert) 02 June 2011
sir,

it is possible only to court satisfied by the reasons given by the parties.

this can be decided by the court only if court think fit then the matter be settelled

PALNITKAR V.V. (Expert) 02 June 2011
You should go for quashing in HC. It hardly takes one month in Mumbai.

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