Advise on dowry case


My friend and his wife had a problem before 5 years back. Her wife filed dowry case (IPC 498a) on my friend before 5 years back. Now, case came on board in court. Although, my friend and his wife mutually reconciled few years back and living to gather in aboard.

I have a following question related to this.

  1. What is the way if I want to close this case on behalf of both of them?
  2. My friend’s wife has some relatives in India. Do they close this case on behalf of her?
 
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Lawyer

Power of attorney from the couple shall have to proceed to get the case closed through their respective counsels. 

Friend of a party has no authority/ locus standie.

 
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senior

Pl check whether the case is still pending or dismissed for default?

 
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If no one represents the suit automatically it will be dismissed for non representation
 
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If no one represents the suit automatically it will be dismissed for non representation
 
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Advocate

The criminal complaint pending in the court need to be dissimised and if an amicable agreement between parties reached in dowry criminal complaint case, the best way is to move the High Court by both parties for quashing the FIR/Criminal Complaint under section 482 CrPC along with the copy of their agreement. An advocate can be engaged by both parties who can move the application in the High Court on their behalf with their power of attorney and get appropriate order for quashing the FIR/criminal complaint.

 
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Advocate

firstly make it clear that in such cases no other person has any right nor any third person can act as broker or agent so you or another person has any right to even speak in such matrimonial case. so you cannot get close the case. husband and wife can file a case for quashing of FIR in high court
 
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1. Section 498A of IPC is non compoundable for which it can not be withdrawn by the wife.

 

2. The standard procedure to get rid of this type of problem is that the wife shall have to affirm under affidavit that she had lodged the said complaint u/s498A of IPC out of domestic rage and has not got the matter settled long back and living happily with her husband without any problem.

 

3. The copy of the said affidavit shall have to be submitted before the IO for his submitting before the trial court.

 

4. Thereafter the husband shall have to file a petition before the High Court u/s482 of Cr.P.C. praying for quashing the FIR based on the affidavit affirmed by his wife as suggested above.

 

5. At that time his wife shall have to be present before the Court to depose in favour of her husband, if asked by the Court.

 

6. The High Court will then quash the said FIR registered against the husband.

 
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Thank you for your valuable reposne. case is still running in court. and court is sending summons every 2 months.

Further, both parties are not planning to come India. in this case i have following questions.  

1. is it possible that wife send affidavite from foreign country and i submit in court?

2. how do i stop summons from court?    

 
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