To withdraw from h/c crl.mc (filed under s-482 crpc)

nanu (Querist) 27 March 2022 This query is : Resolved
REALLY GRATEFUL TO L/C FOR HELP IN THE PAST
BACKGROUND
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There had matrimonial dispute between my son and wife.

(A) Against all of us she had filed a FALSE & FRIVOLOUS domestic violence (d/v) case. There is evidence by way of mobile conversation, PCR Report etc she had filed against her parents, that she was held captive by her father against her wishes. There is also medical evidence that before marriage we were kept in dark about her mental ailment “Schizophrenia”.

(B) I had filed in High Court Crl.MC case u/s 482 CrPC in 2017 for quashing of the said d/v complaint and for taking action for concocting evidence. CORONA LOCKDOWN FROM MARCH 2021.

Crux of the matter: In the meantime, in mediation she had settled the matter with my son and the d/v complaint was withdrawn by her from M/M Court. The M/M had “DISPOSED OFF THE MATTER AS SETTLED”.

QUERY
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Now I want to withdraw the Crl.MC which was filed u/s 482 CrPC as otherwise it will amount to abuse of process of court as per Apex Court case laws.

HELP SOUGHT
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I AM A SENIOR CITIZEN OF 74 YEARS. NEXT DATE IS IN MAY 2022. QUERY IS WITH REGARD TO HOW CAN I FILE THE APPLICATION FOR WITHDRAWAL OF Crl.MC AND UNDER WHAT PROVISIONS. REALLY BE THANKFUL FOR VALUABLE GUIDANCE OF EXPERTS, PLEASE.

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Quick Summary

A senior citizen filed a Section 482 CrPC petition in the High Court to quash a domestic violence case. The DV case has since been settled and withdrawn by the complainant. The petitioner now wishes to withdraw the Section 482 petition and seeks guidance on the procedure and relevant legal provisions. The advice given is to file an application for withdrawal under Section 482 CrPC through their counsel, along with supporting documents.

Dr J C Vashista (Expert) 28 March 2022
Move an application u/s 482 CrPC for withdrawal of your petition with relevant documents through your counsel proceeding in the matter.

nanu (Querist) 28 March 2022
Thank you for prompt reply, please.

Dr J C Vashista (Expert) 29 March 2022
You are most welcome.

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