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India is great (Service)     07 September 2022

498a :kindly advise under which section the wife should file fresh petition to close the case

Dear Experts

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 ?  

 

Thanks

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     07 September 2022

In this case the complaint under section 498A / 406 IPC has been filed by wife, which have been registered as FIR, isn't it ? if so, she has lost her control over it as it has become a state case and the FIR can be quashed by High Court if the accused is not discharged by Trial Court.

The application under section 125 Cr PC can be withdrawn by the applicant wife by oral statement or an application before the Trial Court.

Navin Kumar Mehta (Lawyer ( Criminal Constitutional Civil Dispute Taxation matters ))     07 September 2022

Firstly you have to know which kind of case has been. is it magistrate case or FIR ?

if it is FIR, then you have to apparoch Hight court u/s 482 to quesh the FIR, there wife should be not in hostile possion.

if it is magistrate case, the both apparoch to magistrate court where your ccase is, and file mutual agrreement petition, then after listening both side, case will be closed

P. Venu (Advocate)     07 September 2022

Yes, approaching the High Court is the proper procedure.


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