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Law_Learner (Asst. Mgr.)     21 May 2015

Quashing of charges

Dear Experts,

Please could you advise if it would be advisable to apply for quashing the FIR registered under 323 ( voluntarily causing hurt) /341 (wrongful restrainnt) filed by my estranged wife six months earlier. I have audio recording of her saying she only filed FIR for not letting her in the matrimonial home. Her mother is also saying same on phone. Since after filing FIR they are further trying to put pressure on me to take the girl back. They never realised the mistake and even told lie one after another giving excuses for filing the FIR. the It's more than 6 months now since the FIr was loadged. Her sister few days earlier  saying they made a mistake and they are sorry for that (audio record available). 

Query :  (1) Mutual consent negotiations are on-goiong however in that case the complaint loadged by them will be taken back which I suppose means the charges levelled agaisnt me are correct however there is a compromise between both of us. I suppose if I go to court the estranged wife and her parents would be summoned and in that case it may destablise the ongoiong mutual negotiations. They are asking for the expenses which they did not incur. However the difference between what I am offering and what they are after is not significant but they are again playing same tactics of threating that they would file cases in court. 

(2) Would it be advisable to go to police and submit the audio proof for geting the FIR quahsed at their level and it at all Police would listen to me? 

(3) Would it be advisable to go to HC instead and praying for quashing the FIR? 

Your kind advise will be highly appreciated.


Thanks in advance,





 2 Replies

Prashant Ghai (Advocate) (     21 May 2015

The best way as I see it, is for both the parties to sign a Memorandum of Understanding (MOU), stating the terms of their Mutual Divorce, which would also include the amount towards maintenance and permanent alimony. Since the offence under section 323/341 are Compundable, there can be a clause in the MOU which would state that the wife shall compound the offences against the husband, before the Ld. Magistrate after the 2nd motion. Rest is upon your own wisdom.

Jeetender Gupta (Advocate)     22 May 2015

If mutual settlement not possible file quashing in HC u/s 482 crpc. Make complainant also respondent.

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