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Fir 406&420

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved 
Dear sir,
As I have received very valuable advises on this site.
Thanks for all !
Now I seek advise-can I finish the complain u/s 420 and 406 agst.my wife and her father which(case) is registered in police,statement of mine and neighbours done but no investigation carried on by IO.
As i had to compromise with my wife who filed 498A,406,125 and divorce.
I filed complain u/s 420 and 406 ast wife & her father for excess jwellery taken by wife and her father on record with their sign.Now divorce by mutual consent,compromise u/s498A & 406 and 125 papers presented in court. so I have to also withdraw my complain.As per Instruction of my lawer and talking with IO,
I have presented application and affidavit on Rs 10/- stamp(un notarised)containing" As compromise between me and my wife and/incl. her father has been done.and there all disputes between me and wife finished and we have presented compromise/rajeenama in all cases, So I do not want any action."
--Pls advise me this affidavit will finish the case or anything more or any problem it may be with me.
-Is wife and her father required to come to the court or police where I have filed the complain for any legal/police requirement.
pls tell me.
Thanks a lot !
Devajyoti Barman (Expert) 28 August 2011
If on the basis of your complaint the case is initiated against your in laws then without presence of both the sides and the testimony of the complainant the would not be finished.
SAANJAAY GUPTAA (Expert) 28 August 2011
You may file your withdrawal letter with police but once a FIR lodge its duty of police to investigate and report it to the magistrate and its only magistrate who can allow your withdrawal application after considering the grounds mentioned therein.
Querist : Anonymous (Querist) 31 August 2011
Dear All,
Thanks!
It means the police can go to my inlaws for investigation into the case even I have presented Rs 10/- stamp affidavit stating Compromise and withdrawal of case to IO/police.
And I have mentioned the fact of withdrawal of case/complain u/s 420 and 406 in sec 13B mutual divorce and other rajeenama u/s 498A&406 presented with my sign.
-Can police not stop the same.
My lawer says-police will not investigate further and will file FR and u have to give no objection before magistrate while presenting FR by police.
pls pinpoint my further action.
thanks!


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