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Samuel Pillai   23 October 2021

Discharge FIR vs Quashing

Yesterday at family Court, wife agreed for settlement with no amount or no alimony from my side. There are no kids & she is graduate & working. She filed 498A & I got ABA also. Now 498A is on "Not Heard" stage. In mutual consent she said that she will come to 498a court & say that IN ANGER SHE GAVE COMPLAINT OR BECOME HOSTILE & WITHDRAW/DISCHARGE THE FIR WHICH SHE HAVE PUT ON ME & FAMILY MEMBERS.

My concern is if she come to court & help for FIR withdraw or discharge then is it compulsory to quash the FIR. Is FIR withdrawal /discharge order enough to take that in family court for proceed with divorce in mutual consent. Pls note FIR is in Not Heard stage & ABA taken. Sureties paper work is already done in Court & Police Station.

 2 Replies

Pradipta Nath (Advocate)     23 October 2021

File a petition in this regard on affidavit and a separate petition under section 257 of Cr.Pc. No need to go for quashing or discharge. It will be enough!

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 October 2021

In a trial of a summons case initiated on a private complaint, if the complainant at any time before a final order is passed satisfies the magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, then the magistrate may permit him to withdraw the same, and shall thereupon acquit the accused. (Sec.257 Cr.P.C)).

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