Fir 498a

Deepak Kumar (Querist) 08 February 2014 This query is : Resolved
Wife has filed FIR u/s 498a against husband. During arrest, husband filed 30 days stay order for settling the despute to IO after that IO called husband and wife to close the case, husband reached to IO but wife has not reached to IO to close the FIR case, then OI noted absent of wife and present of husband.
After that husband write to IO that both the parties settled the despute and divorce is in the process along with stay order and after that IO did not called husband to close the case. This incident is old about 8 months
My question is
1. should husband proceed or not to close the FIR case if yes then what to do?
2. if not than it is possible that police can arrest husband in future

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Devajyoti Barman (Expert) 08 February 2014
1. If wife submits a letter to withdraw the FIR then Police may submit closure report in court. Otherwise quashing on the basis of compromise quashing can be filed in high court.
2.Yes, police can.

Dr J C Vashista (Expert) 09 February 2014
The husband should proceed to close the case and move to High court for quashing FIR, otherwise police can arrest him.

Rajendra K Goyal (Expert) 09 February 2014
Yes, police can arrest him in future if the closure report not submitted by IO on the basis of wife statement. Alternately FIR may got be quashed from High Court.

ajay sethi (Expert) 09 February 2014
. request wife to give letter to cops that dispute between parties is settled . in alternative move HC for quashing

T. Kalaiselvan, Advocate (Expert) 10 February 2014
the complainant should give in writing about her intention to close the complaint with the reasons for it, alternately, a quash of FIR with high court will be a solution.

Deepak Kumar (Querist) 11 February 2014
Sir,

To close the FIR case in High Court
should he go alone or with wife?

what documents he required to close the FIR in high court?

Dr J C Vashista (Expert) 12 February 2014
To quash the FIR case in High Court complainant should engage/contact his lawyer

Devajyoti Barman (Expert) 12 February 2014
You need the consent of your wise to quash the case. Better hire another advocate on her behalf as well to represent her in HC.