how dose crpc 257 work in 498a in andhra pradesh.


Hi All

I have a query regarding CRPC 257 withdraw of complaint.

498A is filed, expect A1 all others got Stay from High Court.

now the Complainent is has aggred to with draw the  all the cases. her lawyer is saying no need to go to High Court for Quashing we can withdraw the  498a in magistrate court by using crpc 257. i am confused, pls guide me.

in 498A charges are not yet framed. still in appearence stage, only A1 is attending, since stay for others including appearence.

since 498A is compoundable in Andhra Pradesh, is is possible to with the the 498A in the magistrate court , without the appearence of all the accused.

pls let me know how crpc 257 works ?

 

regards

Victim

 
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senior civil judge CUM ADMINISTRATIVE OFFICER

sec. 257 crpc is as follows

Section 257 Cr. P.C. provides that if a complainant at any time before a final order is passed in any case under chapter XX (providing for trial of summons-cases by Magistrates) satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

As the case under under sec. 498A Ipc is a case triable under warrant procedure sec. 257 crpc doesnt apply . But however the offence u/sec.498A ipc in andhra pradesh is compoundable ( which can be comprimised) it can be safely settled in lok adalat which gives 3 months time and settles the matter . However in lok adalat all parties are to be present


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Advocate

I agree to the opinion and views expressed by Hon'ble and learned Judge Mr. Sreenivas Sriram in this regard. Since 498A is compoundable in AP, the matter can be, by a petition before the magistrate, referred to lok adalat, wherein upon confirmation, the procedure for acquittal will be followed upon.  As rightly observed, the presence of all the parties is essential before lok adalat.

 
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