498a withdrawl

This query is : Resolved 
 

(Querist)
04 June 2013

Hello Experts,

498A is pending for IO's cross.

Now if parties want to reconcile, how can 498A withdrawal be done at lower court ? As all other witnesses have been examined / cross examined , witness can not be turned hostile. They have deposed about all cruelties which were mentioned in FIR/Chargesheet.


Is going to HC with quash petition only option ?

Please guide.


Adv Archana DeshmukhOnline (Expert)
04 June 2013

Yes, file in the high court for quashing.

Never Give Up (Querist)
04 June 2013

Thank you Archana ji ,

Any other way to achieve the same in lower courts ? Please suggest.

Devajyoti BarmanOnline (Expert)
04 June 2013

From lower it can be done by the evidence of wife.

Never Give Up (Querist)
04 June 2013

Thank you Devajyotiji,

There has not been any Evidence submitted by wife.

Cross of wife , her parents and other witness is already completed where she accused husband of torturing her.

Shall we recall wife and other witness and turn them hostile ? Is it possible ?

Nadeem QureshiOnline (Expert)
04 June 2013

only quashing petition before HC is the option if both the parties are ready to settle the matter

Adv Archana DeshmukhOnline (Expert)
04 June 2013

"Shall we recall wife and other witness and turn them hostile ? Is it possible ?"

Recalling the witnesses for the purpose of turning them hostile...!!!!
hahaha.......!! not possible !!!
Cross examination of your wife is completed that means her evidence is completed. When the whole evidence of the prosecution is completed, better you go to the HC along with your wife for quashing now.

Never Give Up (Querist)
05 June 2013

Thank you Experts.

I appreciate your time and effort for answering my issue.

Raj Kumar MakkadOnline (Expert)
05 June 2013

No more to add.



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