Shivam 11 October 2016

Is affidavit mandatory

Dear Experts,

My wife filed 498a against me and my family. Between the mutual agreeement both families are ready to put an end on these cases. Next date of hearing is coming soon hence my question is whether the affidavit is mandatory from girl before she record her statment before the Magistrate or only statement is enough to withdraw her case.

Thanks in advance.

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5 Replies

Sachin (N.A) 11 October 2016

Dear Shivam.

The magistrate has no power to quash FIR against you. Your wife will tell the court that she wants to widraw her case then the trial court will grant you time to file quash petition before HC u/s 482 crpc.

You need to sign a settelment deed with your wife, clearly mentioning that dispute has been resolve and she wants to widraw her FIR.

Your lawyer will file petition in HC along with this settlement deed.

Shivam 11 October 2016

Dear Sachin Sir - Thanks for your response. I Understand that the Girl will tell Magistrate that she want to withdraw her case but while recording her statement do she have to mandatorily submit affidavit.

Sachin (N.A) 11 October 2016

No, her statement is sufficient.

When she tells the court about settlement court will grant you adjournment.

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(Guest)

In this case she won't file affidavit.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 October 2016

Originally posted by : Gyan Prakash
	In this case she won't file affidavit.

This is correct and agreed!

498A is Non-compoundable hence can't be withdrawn.

If 482 CrPC is filed with mutual consent also then also she needs to personally appear before HC and give statement that the dispute has been resolved. Most of the cases she will not do so (As she is diving by her lawyer).

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