Wife not withdrawing 498a/506/34

506-Part 1 or Part 2 ?? First seek clarity about that.

Non-Compoundable Offences ( Where compromise cannot be struck ) is the reason.

This will help you and you can fly free. Show this to your advocate and wife ( divorced ) and get the file moving.

I have given an extract and then at the end of this reply, I have given the links to the earlier incidents that would be of help in your case.

SCC draws a reference to the Supreme Court Cases.

Read each of these and the citations in the links, thoroughly without missing a word.

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The FIR also contained charges under Section 406 (criminal breach of trust) of IPC besides Sections 4 (demanding dowry) and 6 (any person who received dowry on behalf of a bride should transfer it within a year) of the Dowry Prohibition Act.

In both the cases before the Bench, the accused as well as the complainants had filed affidavits stating that they had entered into a compromise and hence the cases need not be precipitated though they were booked under non-compoundable offences.

Accepting the settlement reached between them, the Judge said that Section 320 of the Criminal Procedure Code (listing out the procedures for compounding an offence) could not affect or limit the High Court’s inherent powers to quash such proceedings.

He relied upon a Supreme Court judgment in B.S. Joshi versus State of Haryana (2003) wherein it was held that the duty of a court should be to encourage genuine settlement of matrimonial disputes.

A Bench comprising former Chief Justice of India Y.K. Sabharwal and Justice H.K. Sema had said that courts should not take hyper technical views and discourage compromise reached in matrimonial cases as it would act against the interests of women.

There will not by any provision or judgements that automatically the cases be lapsed. Both the wife and husband has to entere into an MOU saying that the wife will withdraw all the cases filed against the husband.  If the wife expects some amount (nowadays it is normal) the husband has to pay the same.  Sort out the custody of children issue.  Inspite of the above, if the trial court does not permit for mutual consent divorce. file a petition before the High court under sec. 482 of CPC for quashing of the trial court case.  For further details contact me.

Originally posted by : ravinder2345@gmail.com
	There will not by any provision or judgements that automatically the cases be lapsed. Both the wife and husband has to entere into an MOU saying that the wife will withdraw all the cases filed against the husband.  If the wife expects some amount (nowadays it is normal) the husband has to pay the same.  Sort out the custody of children issue.  Inspite of the above, if the trial court does not permit for mutual consent divorce. file a petition before the High court under sec. 482 of CPC for quashing of the trial court case.  For further details contact me.

no other way.  Other wise divorce will happen and criminal case will continue.