How can i confirm my discharge from 498a, dv cases
Manoj Bansal
(Querist) 05 February 2015
This query is : Resolved
My wife gave her first complaint of dowry, dv and others in my residential police station. but police did not take any actions against me or my family mebers (2) secondly after 3 months, my wife had filed false dowry and domestic violence complaints against me and my family members in the commissioner office. The case was referred to women cell. Women cell has made a compromise between both of us. according to which, i gave my wife 3 lakh rupees at the time of compromise and agreed to give 2 lakh at the time final statement of MCD as present, past and future alimony.She has also agreed in the compromise that she will not do any legal proceeding in the court or police station after the divorce and if any legal complaint or case is pending then she will be liable to take it back. she will be responsible to file MCD. She is also bound to withdraw all the cases after the MCD(3) After one week of the compromise, i came to know that she has also given a complaint against me and family members in her area police station. but after showing compromise papers and confirming from my wife , the police men did not ask me much and i went home. (4) now after one year of compromise, it is the time for final statement of MCD. some lawyers are saying that the dowry cases, dv etc should be quashed in the high court but some are saying that it is enough that theses cases can be withdrawn in the commissioner office by her and some lawyers are saying that there is no need for anything as it was not the FIR(5) How can i confirm the discharge of me and my family members in these cases. (6) How can these cases be quashed finally. (7) it may be noted that the police has never arrested me or my family members either before the compromise or after. (8) i do not know that some FIR is made against me or not in any police station or not. (9) can these cases be quashed automatically during the final statement agreement terms of MCD and by taking the affidavit regarding this from her in my case.
Devajyoti Barman
(Expert) 05 February 2015
1. Well there is no automatic dismissal of the case. The DV case will have to be withdrawn by your wife and she can even let this dismissed for default out of non prosecution.
2. The 498A can not be withdrawn neither from the police station nor from court. It has to be either ended by trial or by quashing through high court.
3. there is no automatic process for anything. The parties concerned will have to initiate appropriate proceeding for the withdrawal or for quashing.
Rajendra K Goyal
(Expert) 05 February 2015
You should engage a local lawyer and discuss him with details and to find out at which stage the case is and how to proceed.
Laxmi Kant Joshi
(Expert) 05 February 2015
If it is only complaint to the commissioner office , complaint not converted into fir then the matter is end then and there by making your compromise .
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
If no FIR registered on the complaint, then there is no case pending, hence, she may give a letter in writing to the said office of police stating that she would withdraw the complaint based on the compromise arrived, this will take care of further issues.
