Procedure to drop the case - reg
durga
(Querist) 13 May 2015
This query is : Resolved
Sir,
A trial under 498 A is going in the court since ten years. the chief and cross examination of the wife and her father is completed. One chief examination of other witness is also done. Now the accused parties have sent a proposal for out of court settlement. if the issue is settled out of court, what is the procedure to drop the cases at the court? the advocates of accused party and few other advocates in the same court where trial is happening said that cases cannot be dropped. they have to go on. but during the cross examination of the witnesses, they have to say that there were no dowry demands from the accused parties and we have filed a false compliant against the accused.This is not acceptable to me. i have not filed any false complaint. Please let me know what can be done to drop the case if the issue is settled.
Guest
(Expert) 13 May 2015
Ms. Durga,
Can you plese clarify how you are related with the case and why and on whose behalf you want to drop the case?
Also, has your own lawyer of the case for the last 10 years not intimated you how to drop the case?
Rajendra K Goyal
(Expert) 13 May 2015
Consult your lawyer who is aware of case file and would protect your interest.
durga
(Querist) 14 May 2015
Sir, I am the petitioner. I will take back my case if the respondents will return all my belongings which are still with them. I am tired of court proceedings. APP is looking at the case and he has not yet said what is the procedure if the case has to be dropped. but I am not ready to falsely mention in the court via my witnesses that i have made a false complaint against them for dropping the case. Can't i submit a petition stating that as the matter is settled out of court, i am taking back my case.
P. Venu
(Expert) 14 May 2015
Section 498A is non-compoundable. However, High Court can allow the matter to be compounded under provisions of Section 401 CrPC.
Guest
(Expert) 14 May 2015
You have not replied my query, "has your own lawyer of the case for the last 10 years not intimated you how to drop the case?"
Your query seems to be a purely an academic query.
durga
(Querist) 14 May 2015
Sir,
The proposal came from the respondents only few days back. APP is looking after the case and he has not yet told what the procedure is.
Guest
(Expert) 14 May 2015
If APP is looking after the case, let that be the headache of the APP, not yours. If you are keen, you have to ask him what you want to know.
Dr J C Vashista
(Expert) 15 May 2015
@Durga,
Prima facie it is an academic query.
I agree with expert Sh. PS Dhingra ji.
How and why are you concerned?
You are complainant or her lawyer (which you have avoided to mention in your profile wherein you have give "h" only)
Anirudh
(Expert) 15 May 2015
Dear Dr. Vashista,
I am sorry that you term the query as "Prima facie academic query".
You ask how and why are you concerned?
The querist has very clearly indicated that "I am the petitioner. I will take back my case if the respondents will return all my belongings which are still with them. I am tired of court proceedings."
When a live proceedings is going on, how can we term the same as "academic".
I can understand if someone is keeping quiet and not answering the query (myself) due to not knowing the answer. But to term the query, in spite of so much details given by the querist, as "academic", to my mind defies logic and quite frustrating.
T. Kalaiselvan, Advocate
(Expert) 16 May 2015
The case cannot be compounded and now the evidence of pw1 as well as her father is over by both chief and cross examination, there are no chances for the witnesses turning hostile. However the APP who is conducting the case will be having an answer which will be based on practical situation than what experts can give here.
durga
(Querist) 16 May 2015
Dear Experts, Thank you all for responding to the query. Thank you Anirudh sir and venu sir. I will bring this section 401 crpc to the notice of APP.
