LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sameershaikh (sr.executive)     13 October 2012

Withdrawal 498a case+us 156

Hi,

i'm married with my wife 4 years ago, in 2011 due to some issue between us she left my home & resided with her parents at parental home..

after the separation she went to register fir against me & my family member in u/s 498a but the local police station didnt register the fir....

meanwhile she filled maintaince case against me in family court & simultaneously she also filled application (Private case) against me in u/s 156 in sessions court to investigate the case u/s 324,506,406,498:34..

during investigation from local police station, me & my wife settled our matter on consent of both at family court in front of counsellor & judge in written agreement. & agreement stated that she will withdraw all allegation & criminal charges from session court during the period..

now we have been living for 6 months together however i wanted to withdraw 498 case & other cases.

when i approched the police station they asked the chargesheet hasn't been filled yet before magistrate & case is still pending for investigation & they advised me to file withdrawal application at session court on consent of your wife..

kindly suggest me how to withdraw all criminal cases & allegations from session court by legal way..

it will really help me if you guide me..



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 October 2012

In such a case if the magistrate has ordered investigation on her 156 application. Then magistrate or the sessions court has no power to drop proceedings. There are two ways in which you can get out :-

i) Police files a closure report on the basis of your compromise, saying no case is made out against you; trust me this is not truly final and there can be hanky panky later by girl's side;  for a complete closure go in for 

ii) Quashing of FIR on the basis of settlement by the High Court u/s 482 of the CrpC, relying on B.S.Joshi v. State (2003 SC) & Gian Singh v. State of Punjab (2012 SC) 

 

Good Luck !


Bharat Chugh

Advocate Supreme Court of India/Delhi High Court


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register