Sec 498A


Dear Experts,

My wife has lodged the FIR u/s 498A in Vijayawada, Andhra Pradesh and withdrawn the case after 3 months.

Can some one suggest after withdrawal of case is that end of the case or do we need to quash in court?

Police are suggesting CI has the right to quash the FIR.

Appreciate if you can help me with the above query.
 
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Advocate

Sir,

 

FIR can only be quashed and not withdrawn. 

 

Warm Regards 

Kapil Chandnan Advocate 

9899011450,9911218741 

 
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Thanks Sir for the response.

My confusion is CI has the power to quash the FIR lodges u/s 498A or only Court has the power to do the same.
 
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Advocate

Are you sure that the FIR has been lodged?

 
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The original querist, if FIR has been lodged u/s 498a, then wait till you are summoned by the concerned court, which only is possible after the police submits it's report including the charge sheet against you and the court taking cognizance of the alleged offence. Instead, if the police submits FR (final report) then it would mean that police didn't find anything against you. In that situation, the court is at liberty to accept the FR or not.
 
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Thanks for the responses. In this case FIR has been lodged and my wife withdrawn the case by submitting a request in police station. Till now charge sheet has not been filed by Police. Hence SI has suggested me that CI has the power to quash the FIR. My confusion is about is CI has a right to Quash the FIR filed u/s 498A or not.
 
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Advocate

The CI has no such power; The SI is trying to mislead you. The best option for you is not to pursue the matter any further.

 
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