Last month, my wife filed a false FIR under Section 3(5), 85-BNS, 3, 4-DPA to extort money from me. Later, the matter was settled outside, and they agreed to withdraw the FIR.
They have shared an affidavit with us in which the girl states that she had filed a false case against me and is now requesting the police to allow her to withdraw it. According to my lawyer, the police have acted on this request and withdrawn the case. He mentioned that the DSP has approved the withdrawal and that a confirmation letter has been issued, though he has not shared a copy of this letter with us.
My lawyer is now advising that I can proceed with exchanging items, signing the divorce papers, and handing over half the agreed-upon amount in the form of a Demand Draft (DD).
I have a few concerns and questions:
- Is it legally possible to cancel an FIR if the complainant submits an affidavit stating it was false and the DSP approves it?
- When I checked the FIR status on the official portal (citizen.appolice.gov.in), it still shows "Under Investigation". Does this mean the case has not been officially closed, or could it just be a delay in updating the system?
- Is it safe to provide half the settlement amount via DD at the time of signing the divorce papers? I would prefer to do this during the first court hearing, but my lawyer insists it can be done now.
Lastly, when I ask these questions, my lawyer does not provide clear answers and simply reassures me that “nothing will happen” and that he will take care of everything. I’m unsure if this is the right approach and would appreciate a more transparent explanation. Is my lawyer's advice reliable in this situation?