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About to withdraw of case u/s 406 506 380ipc

Querist : Anonymous (Querist) 27 February 2019 This query is : Resolved 
Respected Sir
I have filed a Case U/s 406, 506, 380 IPC in Court against my wife which is now WA (Warrant of Arrest) Stage. Now i want to withdraw the case,because my wife withdraw all the case filed against me and an agreement made where written that both party will withdraw their cases. My wife withdraw all the cases And we jointly filed for MCD, but i could not withdraw the same case filed by me as above charges. and it is mandatory to withdrew the case before MCD Order. So Please guide us that how can i withdraw the same as many lawyer told me that you cant and go to HC for quash where both the party should present. But my wife will not came in my state to attend the court date and i also dont want to call there. Please guide us how can I withdraw the case, Please suggest.
Vijay Raj Mahajan (Expert) 28 February 2019
You file for quashing in High court, the wife will be sent court notice to appear and if she fails to appear inspite served with notice,the high court can at it's discretion proceed and quash criminal complaint case as prayed by you.
Suhail suhail (Expert) 28 February 2019
The offences under section 406 IPC, and 506 IPC are compoundable and you can withdraw the compliant under that, but offences under section 380 IPC is non compoundable and the court shall proceed in that and the problem that arrest warrants are issued .Need to get anticipatory bail for your wife at this moment. Then you can get the FIR quashed by way of writ peition
Dr J C Vashista (Expert) 01 March 2019
Move an application u/s 320 CrPC for compounding of case.
Dr J C Vashista (Expert) 01 March 2019
Both of you (through your counsels) can also request the Court to send the case for mediation and get it resolved.
Dr J C Vashista (Expert) 01 March 2019
You have already engaged an able, competent and intelligent lawyer to proceed/ contest the case(s), what is his/ her opinion and advise ?
Dr J C Vashista (Expert) 01 March 2019
An anonymous author may not expect any obligation of experts as per rule of this platform.


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