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Anuj Patel   07 December 2018

Advise on dowry case

My friend and his wife had a problem before 5 years back. Her wife filed dowry case (IPC 498a) on my friend before 5 years back. Now, case came on board in court. Although, my friend and his wife mutually reconciled few years back and living to gather in aboard.

I have a following question related to this.

  1. What is the way if I want to close this case on behalf of both of them?
  2. My friend’s wife has some relatives in India. Do they close this case on behalf of her?


Learning

 12 Replies

Dr J C Vashista (Lawyer)     08 December 2018

Power of attorney from the couple shall have to proceed to get the case closed through their respective counsels. 

Friend of a party has no authority/ locus standie.

Suri.Sravan Kumar (senior)     08 December 2018

Pl check whether the case is still pending or dismissed for default?

Shashi Dhara   08 December 2018

If no one represents the suit automatically it will be dismissed for non representation

Shashi Dhara   08 December 2018

If no one represents the suit automatically it will be dismissed for non representation

Vijay Raj Mahajan (Advocate)     08 December 2018

The criminal complaint pending in the court need to be dissimised and if an amicable agreement between parties reached in dowry criminal complaint case, the best way is to move the High Court by both parties for quashing the FIR/Criminal Complaint under section 482 CrPC along with the copy of their agreement. An advocate can be engaged by both parties who can move the application in the High Court on their behalf with their power of attorney and get appropriate order for quashing the FIR/criminal complaint.

Siddharth Srivastava (Advocate)     08 December 2018

firstly make it clear that in such cases no other person has any right nor any third person can act as broker or agent so you or another person has any right to even speak in such matrimonial case. so you cannot get close the case. husband and wife can file a case for quashing of FIR in high court

K.K.Ganguly (Advocate)     08 December 2018

1. Section 498A of IPC is non compoundable for which it can not be withdrawn by the wife.

 

2. The standard procedure to get rid of this type of problem is that the wife shall have to affirm under affidavit that she had lodged the said complaint u/s498A of IPC out of domestic rage and has not got the matter settled long back and living happily with her husband without any problem.

 

3. The copy of the said affidavit shall have to be submitted before the IO for his submitting before the trial court.

 

4. Thereafter the husband shall have to file a petition before the High Court u/s482 of Cr.P.C. praying for quashing the FIR based on the affidavit affirmed by his wife as suggested above.

 

5. At that time his wife shall have to be present before the Court to depose in favour of her husband, if asked by the Court.

 

6. The High Court will then quash the said FIR registered against the husband.

Anuj Patel   08 December 2018

Thank you for your valuable reposne. case is still running in court. and court is sending summons every 2 months.

Further, both parties are not planning to come India. in this case i have following questions.  

1. is it possible that wife send affidavite from foreign country and i submit in court?

2. how do i stop summons from court?    

Anuj Patel   08 December 2018

brother of wife is in India. is he able to close this case?

TGK REDDI   09 December 2018

Complaint under a non compoundable offence can be withdrawn.     Whether it's compoundable or non compoundable offence, the leave of the Court is, unlike in Civil Procedure Code, necessary.

Anuj Patel   08 March 2019

Thanks for your response. if i or someone has power of attorney of this case then shall i or he do all process as suggested by you? becasue friend is not able to travel India in near future and other people are getting suffer becasue of court summons.

Siddharth Srivastava (Advocate)     09 March 2019

Yes. Being attorney you can represent your friend. The attorney should be properly executed by your friend and same shall be properly stamped in India with concern collector of stamp. You should have clear instruction and power in this regard.

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