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Abhijit Dutta   22 August 2020

withdrawal of case against me

Complainant want to withdraw cases against me on
1)Protection of Women from domestic violence act under section 12 &
2)IPC 498(A),494 for money.

Questions
1)Is it possible to withdraw the cases as she is going to take money from me ?

2) If Yes, then what is the procedure so that she can't file case against me in the same matter in future?

3)Is the process of withdrawal lengthy ?


Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 August 2020

1. IF Wife has filed Police FIR and IF Police has filed the Case in Court, THEN the same CANNOT be withdrawn, under any circumstances.  However you are entitled to file a Quashing Application in the state HC.

2. Apprehensively you are being taken for a ride and your money is going to be swindled off from you. Hence avoid falling into such Trap.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     22 August 2020

Acoording to the New guidelines of the supreme court 498A can only be quashed and cannot be compromised in the trial court.

You may compromise the DV act cases in the trial court.

Better consult an advocate and get a MOU drafted also seek this directions for the compromise.


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