498A_victim 01 September 2016
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.
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This case cant be withdrawn by invoking section 257 crpc as the section applies only in summon-case.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.
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"
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.
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 (firstname.lastname@example.org)) 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u/s 320 crpc no-where it is written Dowry Prohibition Act 3/4 can be withdrawn.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.