Kindly advise ( Case Study_ Kolkata Area)
One of my relative,s wife filled 498A , 406 & CrPC 125 in the year 2018. Two of his married sisters ( staying at distance locations) were also dragged into the case.
Till now the case got delayed due to various reasons, like affects of Covid, absentee of Hon Magistrate on certain case date etc.
The Charge was framed in the month of January 2022 and appearance of PW1 ( wife) was fixed on Aug 2022, However due to absence of Magistrate the next date is rescheduled and now fixed on January 2023.
In the mean time wife personally contacted the husband and requested him to arrange to close the case mutually at the earliest, as such matrimonial case is having no purposes and such litigation is severally affecting their child.
The wife is ready to file a separate petition prior to the next court appearance date ( January 2023) before the Hon court to close/ quash the case (IPC 498, 406,125). All cases are running at same court room.
The husband clarified that he will not ready to sign mutual petition, and directed wife to file solo petition before court to close/ quash the case.
Under such circumstances, Kindly advise under which section the wife should file fresh petition to close the case, prior to next appearance date ?