Hi All Experts Below is My Scenario and Query.
Me and my wife were married for a period of around 10 months and after 10 months she left the matrimonial home.
She filed below cases on me and my family and below is the status of those cases.
1. Domestic Violence case where her cross-examination is going on.
2. Private 498a complaint in court (no FIR) along with other IPC like 323, 324 , 504 and 506(2) where no summons is served to me hence case is on unready board from last 1 year
3. Restitution of conjugal rights under section 9 of Hindu marriage act in the family court.
In contrast to that, I have filed below cases on her
1. I have filed divorce against her Restitution of conjugal rights in family court for which her say on my divorce petition is stage of the case
2. I have also filed an application of 340 CrPC Perjury read with sections 195 against her in DV case for using a false affidavit and the same is on unready board.
Now my query is that her family members are ready for having a mutual discussion probably for mutual divorce and I want to make sure that all the above cases against each party be withdrawn and hence I have below questions.
Q 1. How does the private 498a application filed by wife be withdrawn or dismissed against me and my parents? i.e. What is the procedure to dismiss such case Does she have to make an application in the same court where she filed the private complaint or do we need to go to High Court to Quash the criminal proceedings against me.
Q 2. How do I withdraw or dismiss the 340 Perjury application which I have filed against her. Will a simple application to court dismiss such proceedings or they will keep running since perjury is an offense against a public servant.
Kindly help on the above queries.
