Can wife withdraw case filed under 498a, 323, 504, 506, 34?

complaint case can be withdraw any time by complainant & there is no need for permission of another party

Hello Sir,

Many thanks for your reply. So here again law is against Indian Men.? Let's say trial is ongoing since last few months and wife is now willing to withdraw her case after harassing husband and his family.  Does constitution is giving this right to Indian wife?

Thanks Again,

Dinesh

@Author

In any criminal case, no one fights his/her own case. The state fights the case on behalf of the complainant and then it is treated as a crime against the society but not against an individual. Hence it is generally opposed by the judicial officers to close the cases like this.

Having said this, I would like to add that judges allows to compound the case if the case pertains to matrimonial dispute and if such decision and closure of case is likely to bring harmony amongst litigants.

As far as private complaint to district court is concerned, the complainant can withdraw the complaint as and when he/she feels like. However, no such complaint be allowed to be withdrawn if in case the charges are framed. In case charges are framed, then case can only be compounded but never withdrawn.

//peace

/Saurabh..V

You need to clarify at what stage the case was on? Was it a private complaint or a police instituted case?

Regards,

Hi Shonee - In case of my friend, it was a private case. No FIR/CS from police as such. However I am also fighting against false cases filed by my wife and having different scenario:

Brief story is as below:

a.     We got married on 29^th Jan, 2012.

b.     She left marital house on 1^st July 2012 after spending around 3 months with me. I am saying only 3 months as she was mostly at father’s house during this period to cook up false stories against me and my family.

c.     She filed a complaint in Women Cell on 18^th Oct 2012. On 17^th Nov 2012, we had a first round of counseling in Women Cell. After several rounds, the final counseling did happened on 17^th Dec 2012 with the agreement that she will be returning to marital house.

d.     She came back on 21^st Dec 2012 to marital house.

e.     She further harassed me for 25 days (till 15^th Jan 2013) and then left to her father’s house along with her father on 15^th Jan 2013 late night.

f.      On 18^th March 2013 she filed false FIR to the local Police station nearby her father’s house by bribing corrupted police.

g.     On 5^th April 2013 somehow I came to know that she had filed a private case with IPC 498A,406 and others in a district court during counseling period itself i.e. on 22^nd Nov 2012.

Now, since FIR has been registered by Police but CS is yet to be filed, I am just wondering if my wife can withdraw her private case after harassing us. I don’t want to allow her to step back from this case and I am willing to fight till the end. Hence I am just checking possible measure which I can take up front.

To summarize both are different cases but both involved private cases filed by wives.

Thanks,
Dinesh

No, she can not except in the state of AP.

Regards,

Thanks. I am very happy to hear this from you as she does not belongs to AP and case will be standing in Maharashtra. Cheers :)