Hi Experts,
Wife gave Pursis for DV withdrawal as case was moving in my favour after her cross.
I filed objection for DV withdrawal as I had visitation orders u/s 21.
My advocate told me that DV case anyways will be withdrawn and Judge will allow the withdrawal.
Now while reading CrPc section 257 stated below
257.Withdrawal of complaint.-
If a complainant, at any time before a final order is passed in any case under this Chapter, 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Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.
- Will the Judge Acquit me or will he just dismiss the case?
- Can i refer section 257 and ask Judge to give an order of Acquittal?
- If acquittal given will this come in perview of section 300 of CrPc?
300. Person once convicted or acquitted not to be tried for same offence.
- Will my wife again open Dv case on same grounds even after my acquital?
- Will she be able to move CrPc 125 on same grounds once i get acquittal in DV case?
Kindly let me know what are the possibilities.
