Defence witness

In a case of 406/498a IPC, PW Closed. There is nothing in the file except witness of complainent which she has repeated the FIR Version. All the eye witness named in list of witnesses has been given up by APP stating unnecessary including father of complainent. Only brother of complainent has been witnessed who is govt. Servant and has stated all the things were told by his sister only he was not present in entire matter. No medical or police complain has made. Now in our DW, we have mobile conversation of our jija and brother of complainent in which he has accepted all the facts and mistakes of his family and her sister also. While cross examination he has not accepted this conversation. Accordingly 4 Summons issued in DW 1 Complainent brother, for voice sample which he has agreed during cross examination. DW 2 Jija of accused , who recorded the conversation with original recorded instrument/ mobile. DW 3. Income Tax Officer with return of income of brother of complainent.DW 4 C F S L for cross verification of voice sample and mobile. Now DW 2 & DW 3 is favourably closed but DW 1 is not accepting summon to give voice sample and delaying the case. Shall we give up DW 1 & Dw 4 since case is delaying and original mobile and person who recorded the voice has been witnessed. Judge is about to trf. Soon and we want judgement from him since he is aware of file and self stated to close the case immediately. Kindly give your valuable inputs.