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498A_victim   01 September 2016

Quashing 498a complaint case using crpc 257 in up

Hi,
 
Wife has filed a fake complaint case directly in the court using template "498A,323,504,506,3/4d.p.act". It is currently in CRPC 202 stage. My question is once magistrate takes cognizance can this case be withdrawn using CRPC 257?
 
Note that police is not involved and case is filed directly in the court as a complaint case. Case is "Wife Vs Husband" not "State Vs Husband".


 8 Replies

N.K.Assumi (Advocate)     01 September 2016

If both the party can convinced the court that they wish to bury the axe and live together as husband and wife, it can be compounded under 320 CrPc, though the sections may not be compoundable.In such case, offnce is not against the society but between the spouses and the court should give them a chance to renew their ties. In other words Law must bend before Justice.

KS Johal   02 September 2016

Yes it can be withdrawn provided your spouse agrees to this.

Prasenjit Debnath (Advocate)     02 September 2016

This case cant be withdrawn by invoking section 257 crpc as the section applies only in summon-case. The sections as alleged to be specially 498A although instituted otherwise than police report shall be tried in a process of warrant case. under penal code punishment for 498A is 3 yrs and fine which falls under the category of warrant-case as defined in 2(x) crpc. 

1 Like

N.K.Assumi (Advocate)     02 September 2016

In such a case, it is not the literal interpretations of mandatory provisions, but the purposive and constructive interpretations comes into operation and though couched in mandatory terms, it is relaxed giving way to justice and equity. Remember the famous court scene "Merchant of Venice"

 

1 Like

P. Venu (Advocate)     02 September 2016

At this stage, it is a premature issue; the complainant can witdraw from the proceedings without  any hassles at this stage.

1 Like

498A_victim   02 September 2016

Thanks all for your answers, actually I am planning to contest the case. The case is totally false and I have large number of proofs for my innocence. I am sure the opposite party will cry compromise once I start contesting, but my only concern is that I am be stuck for atleast a year or two due to high court quash process, hence this question.

Even I did some research I agree with Prasenjit Debnath, 498A is a warrents case and I guess CRPC 257 will not apply. If anyone differs please reply.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2016

I beg to defer with all of these advises of my learned friends above so far.

 

In the given fact, Withdraw petition is not filed u/s 320 crpc.

All these offences are non-compoundable offence.

 

u/s 320 crpc no-where it is written Dowry Prohibition Act  3/4 can be withdrawn. All DP Acts are non-compoundable.  

 

My opinion is, tolerating crime is also crime. If you have leading evidence to prove the plaintiff as false then file Perjury first. Then file Speedy Trial in HC. Please don’t file quashing in HC at this moment. 

 

https://www.facebook.com/RockySmith4Calcutta/

Siddharth Dev (Advocate)     15 September 2016

nothing to add


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