Maya Singh 12 February 2021

Do all accused get acquitted

My son works abroad. While he was abroad. FIR u/s 498a, 406, 34 was filed against us. He has till date not came back to India. Look out notice was taken out. Case against rest of us was undergoing when my daughter in law turned hostile witness. She did not want to continue the case. She gave it in writing to the Hon'ble Magistrate.

My question is that is the case against my son also dismissed or not?

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5 Replies

Pawan S (Advocate) 12 February 2021

Hello Maya

The complainant can withdraw the sec 498a & 406 case as it is a compoundable office. For this, the complainant need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.

Get a certified copy of the case documents and see what is the status?

What is the reason for not continuing the case by the complainant? She want a mutual divorce or want to come back?

Regards,

Pawan Saha

G.L.N. Prasad (Retired employee.) 13 February 2021

As you might have already engaged a local advocate, he is the competent person to clarify your doubts. Once the case is withdrawn from the court, all accused is presumed to be free, as the case is important and not the number of persons. If the case is withdrawn as dismissed/disposed, the presumption is all the accused are free without exception.

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P. Venu (Advocate) 13 February 2021

To my knowledge, offence under Section 498A is not compoundable. As such, the proper procedure is in approaching the High Court under Section 482 CrPC.