Rahul 08 December 2017

Close FIR after mutual divorce

FIR against me on 498a n domestic violence is pending with police but it has not reached to court yet, bevsuse it waa recomended for csncellation by inquiry officer. Later my wife got the it opened again for re investigation. Now we have filed for mutual divorce, so what is the process to get that FIR closed for ever

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5 Replies

Sachin (N.A) 08 December 2017

You need to file petition u/s 482 CrPC for quashing of FIR on the basis of mutual settlement deed,

Vijay Raj Mahajan (Advocate) 08 December 2017

Either the Police move with closure report in the court for the registered FIR and set you free of the charges, or you move quashing petition in the High Court under section 482 Cr.P.C so the FIR get quashed on the basis of the compromise between both parties.

The DV Complaint too has to be withdrawn by the wife by making statement about the compromise between both parties with that the magistrate will dismiss the DV complaint as withdrawn.

Rahul 08 December 2017

Thanks Sachin. Do we need to file petition u/s 482 even if it has not reached court in last 2 years and no one is found guilty till date and girl is giving application to SP that she has taken mutual divorce and does not want To pursue this FIR

Rahul 08 December 2017

Tnx vijay ji, I m living out of india and the girl also. After we ger decree and girl give application to police that she Does not want to pursue FIR, does any of us needed in person in dv act court case of in front of police or court fir 498a fir cancellation ?

Vijay Raj Mahajan (Advocate) 08 December 2017

For DV complaint your wife has to be present in person in court to withdraw that complaint as it is direct complaint made there not through police. As far as 498a police FIR if that is registered she may have to appear in person before police to withdraw her charges, rest police will direct her for next step. If you both are living outside India,who is conducting all these cases in your absence? What about your advocates are they so incompetent that unable to properly guide you, for what they were paid?