Jackson RuleofLaw (warrior) 29 August 2015

Withdrawing complaint - fir u/s 420, 463. 464, 465, 467,

An FIR u/s 420, 463. 464, 465, 467, 468, 469, 470, 471, read with 34 of Indian Penal Code. was filed against the wife aand '3' others for fraudulantely obtaining Bank Documents by forging Signatures .and filing that document in DV Case

The Charge Sheet has not been filed. Now the Parties have agreed to dissolve their marriage through "Mutual Consent". One of the terms is to withdraw the FIR.

What is the procedure involved. Thanks

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4 Replies

saravanan s (legal advisor) 29 August 2015

since fir had been filed there is no possibilty to withdraw the fir till the chargesheet is filed in the court.once that is done you can file an application in highcourt for quashing of fir u/s 482crpc along with the compromise deed worked between you both

adv.raghavan (Advocate,9444674980) 29 August 2015

Agreed with the above, counsels observation.

Jackson RuleofLaw (warrior) 31 August 2015

Dear Shri Saravanan s

1. Thanks for Your Advice. Two Points

A) The Charge Sheet Has not been Filed. I am the Original complainant Against My Spouse. Can I Move High Court u/s 482 to Quash the FIR?

B) Or It will be Advisable That the Spouse Moves HC for Quashing of FIR and I submit Affidavit and physically present myself before the HC. Vice-a Versa I should File Application u/s 482 to Quash 498 Charge Sheet Against me? And Move an application for Linking the Quash Application Cases Being Collatoral Family Matter

Thanks