498a & dvc withdrawl for where trail is almost coming to end
Vijay Kumar
(Querist) 30 October 2014
This query is : Resolved
Hi
With courage i have fought these false cases for almost 4 years.498A is coming to an end complainant witness are cross examined and arguments are pending. We have all the substantial material evidences to counter and break the foundation of the allegations. My counsel is confident and says we will win for sure and same time he says there is no wrong to try if the complainant can come for compromise,if he doesn't we will go ahead. Now my question is
1) Complainant wrapped some of my relatives and brothers into these cases and my brothers got stay on DVC in Highcourt,andhrapradesh. If they want to with draw 498A & DVC cases at this stage. what will they answer to the court for withdrawl? if they say settlemnet btwn both parties happened, does law still say that allegations will be alive despite of withdrawl ?chargesheet will be alive as per law ? can they be revoked again any time in future? as per law will i be treated as spotless person after withdrawl ?
2)what is the correct procedure for withdrawl of 498A which is nearing to argumnts and also with drawl of DVC which has stay in HC,A.P? what measures and precautions should be taken while coming to settlment so that it will not harm my career & job in future and should be spotless?
Devajyoti Barman
(Expert) 30 October 2014
1 & 2. Since the trial is at advanced stage in lower court, to end the dispute both of you will have to go to high court for mutual quashing.
P. Venu
(Expert) 30 October 2014
It appears that the queriest or some other accused is trying to work out a settlement with the alleged victims. If so, no opinion is possible unless the details of the proposed settlement is made known.
Moreover, the matter is sub-judice. The experts need to be cautious in making any suggestion.
Please not that 498A is not a compoundable offence and settlement, in real sense of the term, is possible only on the orders of the High Court under 482 IPC.
Sudhir Kumar, Advocate
(Expert) 30 October 2014
agreed.
even if you are acquitted the state got a chance to challenge acquittal.
you can try, reconciliation if possible.
peace is never costly.
ajay sethi
(Expert) 30 October 2014
since you have strong case on merits and evidence has already been recorded wait for judgement in your case .
Dr J C Vashista
(Expert) 30 October 2014
Even at this stage a compromise and compounding can be made
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
If a compromised settlement is likely to be in the proposed agenda by the defacto complaint, as suggested, it would be better to move a mutual application before the high court for quashing even at this stage, because who knows what is in store in your fate, suppose the case is decided against you(?), consult your lawyer before taking any decision including the compromised settlement agreement.
