My friend's wife filed a case against her husband in 2010 under sections 498A, 506 R/W 34 in Bangalore. The case is still pending in court. Now, my friend's wife is ready to withdraw the case. My friend is not in Bangalore and he is having severe health issues, while his wife is in Bangalore. They are not living together. What is the process for withdrawing the case?"
Please help us to know the process
In response to your query regarding the withdrawal of a case filed under Sections 498A, 506 read with Section 34 of the Indian Penal Code (IPC) in Bangalore, it’s important to understand the legal framework governing such offenses.
Section 498A IPC addresses the offense of cruelty by a husband or his relatives towards a married woman. This offense is classified as non-compoundable under Section 320 of the Code of Criminal Procedure (CrPC), meaning it cannot be withdrawn or settled between the parties without the court’s intervention. However, the High Court possesses inherent powers under Section 482 CrPC to quash criminal proceedings in the interest of justice.
Given that your friend’s wife, the original complainant, is willing to withdraw the case, the appropriate legal recourse would be to file a petition under Section 482 CrPC before the Karnataka High Court, seeking quashing of the FIR and subsequent proceedings.
Considering your friend’s health issues and his inability to travel to Bangalore, he can execute a power of attorney (PoA) in favor of a trusted individual to represent him in this matter. This PoA should be duly notarized and, if executed abroad, may require attestation by the Indian consulate. Simultaneously, his wife should be prepared to submit an affidavit affirming the mutual settlement and her consent to quash the proceedings.
Once the petition is filed, the High Court will evaluate the genuineness of the compromise between the parties. If satisfied that the settlement is bona fide and that quashing the proceedings would serve the ends of justice, the court is likely to grant the petition.
For further assistance, you may contact me at adv.vishesh@icloud.com.
