Resolving 406 case mutually

Girls lawyer saying "No Objection" is not the way, and the issue is settled by husband and wife and not by court or lawyers so the fact that they say no objection to anything doesn't hold any values. You already mentioned that both sides are talking mutually and that is the correct way to do it. Put everything in written agreement and then resolve the issue. Joint quash is possible any time when "MIYA BIWI RAAJI TO KYA KAREGA KAAZI". Even court doesn't like to drag such issues for long time and none of you will have any good outcome out of it. Lastly it is very very very important to put terms and conditions else things might change and ur wife might flip back.

I DON'T UNDERSTAND HOW THE COMPLAINANT AND THE ACCUSED COULD FILE A PETITION IN THE HIGH COURT UNDER SECTION 482 OF Cr.P.C. FOR QUASHING A CASE IN THE LOWER COURT FILED BY THE COMPLAINANT HERSELF . THEY COULD ENTER INTO AN AGREEMENT PUTTING ALL THE TERMS AND CONDITIONS AND FILE A PETITION IN THE LOWER COURT ITSELF ALONG WITH THE AGREEMENT REQUESTING THE COURT FOR WITHDRAWAL OF THE CASE . SINCE THE STATE HAD NOT FILED THE CASE THEY CAN WITHDRAW THE CASE . SINCE THE SESSIONS COURT ALSO IS INVOLVED IN THIS MATTER THEY HAVE TO FILE A PETITION THERE ALSO .IF THE STATE IS INVOLVED THEN EVEN IF THE COMPROMISE IS ACCEPTED , THE STATE CAN GO ON APPEAL . THERE WAS A CASE IN ONE OF THE HIGH COURTS [ I HAVE NOT MENTIONED WHICH HIGH COURT ] FILED ON THE BASIS OF A PRIVATE COMPLAINT .THE COMPLAINANT AND THE ACCUSED ENTERED INTO A COMPROMISE DEED AND FILED IT IN THE HIGH COURT AND GOT THE CASE WITHDRAWN . THE STATE WENT ON APPEAL TO THE SUPREME COURT AND THE SUPREME COURT ADMITTED THE APPEAL ON THE GROUND THAT EVENTHOUGH A COMPROMISE WAS REACHED , THE CRIME COMMITTED STANDS AND ISSUED NOTICE TO THE PARTIES CONCERNED . PLEASE DON'T ASK ME WHICH CASE . I CANNOT MENTION THAT CASE HERE .-JOSEPH WILFRED - 17/01/2013 AT 21.57 HRS.

You mean since this is private complaint, this can be dealt in trial and sessions courts only without going to HC? The fact that summons have been issued for accused does not matter?

Originally posted by : Joseph Wilfred
	I DON'T UNDERSTAND HOW THE COMPLAINANT AND THE ACCUSED COULD FILE A PETITION IN THE HIGH COURT UNDER SECTION 482 OF Cr.P.C. FOR QUASHING A CASE IN THE LOWER COURT FILED BY THE COMPLAINANT HERSELF . THEY COULD ENTER INTO AN AGREEMENT PUTTING ALL THE TERMS AND CONDITIONS AND FILE A PETITION IN THE LOWER COURT ITSELF ALONG WITH THE AGREEMENT REQUESTING THE COURT FOR WITHDRAWAL OF THE CASE . SINCE THE STATE HAD NOT FILED THE CASE THEY CAN WITHDRAW THE CASE . SINCE THE SESSIONS COURT ALSO IS INVOLVED IN THIS MATTER THEY HAVE TO FILE A PETITION THERE ALSO .IF THE STATE IS INVOLVED THEN EVEN IF THE COMPROMISE IS ACCEPTED , THE STATE CAN GO ON APPEAL . THERE WAS A CASE IN ONE OF THE HIGH COURTS [ I HAVE NOT MENTIONED WHICH HIGH COURT ] FILED ON THE BASIS OF A PRIVATE COMPLAINT .THE COMPLAINANT AND THE ACCUSED ENTERED INTO A COMPROMISE DEED AND FILED IT IN THE HIGH COURT AND GOT THE CASE WITHDRAWN . THE STATE WENT ON APPEAL TO THE SUPREME COURT AND THE SUPREME COURT ADMITTED THE APPEAL ON THE GROUND THAT EVENTHOUGH A COMPROMISE WAS REACHED , THE CRIME COMMITTED STANDS AND ISSUED NOTICE TO THE PARTIES CONCERNED . PLEASE DON'T ASK ME WHICH CASE . I CANNOT MENTION THAT CASE HERE .-JOSEPH WILFRED - 17/01/2013 AT 21.57 HRS.

Very Interesting.

I DON'T MEAN THAT THIS CAN BE SOLVED ONLY IN THE TRIAL COURT AND THE SESSION COURT WITHOUT GOING TO THE HIGH COURT . I HAVE ALREADY QUOTED A HIGH COURT CASE IN WHICH THE COMPLAINANT AND THE ACCUSED ENTERED INTO A COMPROMISE AND THE CASE WAS DISMISSED AS WITHDRAWN . BUT SOMEBODT WENT ON APPEAL TO THE SUPREME COURT AND IT WAS ADMITTED THERE .THIS HAS COME IN NEWS PAPERS LAST YEAR . SINCE IT IS A HIGH PROFILE CASE IF I MENTION A SINGLE HINT IN THIS PUBLIC FORUM THEN THERE ARE CHANCES THAT THE CONCERNED PERSONS MAY COME TO KNOW OF THIS . WE ARE NOT GOING TO INTERFERE IN ANYBODT,S CASE . BUT SENIOR LAWYERS MAY BE AWARE OF THAT CASE AND THERE ARE PEOPLE TO CREATE PROBLEM BY TELLING THE WIFE'S PARENTS THAT THERE IS A PRECEDENT FOR THIS CASE AND WE MAY GO ON APPEAL AND GET MORE MONEY FROM THE HUSBAND'S SIDE SINCE 3 ACCUSED ARE THERE . ALSO IF YOU GO TO THE HIGH COURT THE JUDGES MUST BE AWARE OF THAT CASE AND IT WILL BE DIFFICULT FOR ANYBODY TO SUCCEED IN THIS CASE . IF ANYBODY IS READY TAKE RISKS THEN I AM NOT AGAINST IT . YOU MAY TRY FOR A QUASH UNDER 482 SINCE SUMMONS HAVE BEEN SERVED ON THE 3 PERSONS .BUT UNDER SECTION 482 HIGH COURT CAN INTERFERE ONLY IN VERY SPECIAL CIRCUMSTANCES. IF IT BOUNCE BACK THEN THE SUPREME COURT IS THE ONLY OPTION .THEREFORE I SUGGESTED TO GO FROM THE LOWER COURT   - JOSEPH WILFRED -18/01/2013 AT 23.50 HRS.

Originally posted by : Joseph Wilfred
	I DON'T MEAN THAT THIS CAN BE SOLVED ONLY IN THE TRIAL COURT AND THE SESSION COURT WITHOUT GOING TO THE HIGH COURT . I HAVE ALREADY QUOTED A HIGH COURT CASE IN WHICH THE COMPLAINANT AND THE ACCUSED ENTERED INTO A COMPROMISE AND THE CASE WAS DISMISSED AS WITHDRAWN . BUT SOMEBODT WENT ON APPEAL TO THE SUPREME COURT AND IT WAS ADMITTED THERE .THIS HAS COME IN NEWS PAPERS LAST YEAR . SINCE IT IS A HIGH PROFILE CASE IF I MENTION A SINGLE HINT IN THIS PUBLIC FORUM THEN THERE ARE CHANCES THAT THE CONCERNED PERSONS MAY COME TO KNOW OF THIS . WE ARE NOT GOING TO INTERFERE IN ANYBODT,S CASE . BUT SENIOR LAWYERS MAY BE AWARE OF THAT CASE AND THERE ARE PEOPLE TO CREATE PROBLEM BY TELLING THE WIFE'S PARENTS THAT THERE IS A PRECEDENT FOR THIS CASE AND WE MAY GO ON APPEAL AND GET MORE MONEY FROM THE HUSBAND'S SIDE SINCE 3 ACCUSED ARE THERE . ALSO IF YOU GO TO THE HIGH COURT THE JUDGES MUST BE AWARE OF THAT CASE AND IT WILL BE DIFFICULT FOR ANYBODY TO SUCCEED IN THIS CASE . IF ANYBODY IS READY TAKE RISKS THEN I AM NOT AGAINST IT . YOU MAY TRY FOR A QUASH UNDER 482 SINCE SUMMONS HAVE BEEN SERVED ON THE 3 PERSONS .BUT UNDER SECTION 482 HIGH COURT CAN INTERFERE ONLY IN VERY SPECIAL CIRCUMSTANCES. IF IT BOUNCE BACK THEN THE SUPREME COURT IS THE ONLY OPTION .THEREFORE I SUGGESTED TO GO FROM THE LOWER COURT   - JOSEPH WILFRED -18/01/2013 AT 23.50 HRS.

Sir High court have power to quash any FIR. Since u have raised a very interesting point and apart from querist question i want to have some clarification. If the state is involved in case if the complaint is directly lodged in court then isn't it that when quash is granted state's chances to carry the case further is almost equal to null. Your answer has raised awareness not only for men but also for women's who files cases in court and then go for quash. If this is the case husband side will end up suffering a lot and then even if compromise is reached then husband side will harass wife's side. This will be never ending fight for both sides. If the compromise is reached why the hell someone would go to upper court and file for appeal ? On one end wife will do compromise signing the aggreement and then on other end she will appeal in upper court ? It does not make any sense i would say that court may charge wife's side for dragging case with malafide intent. The way i see is that only a foolish person would do this and hit her own head on the wall.

I did some reading, and it seems to me in this case, the complainant (my wife) can simply withdraw the cases u/s 257. My understanding is even though 406 is cognizable, since it is private complaint, my wife can move application u/s 257 to say that she does not want to pursue this further. The fact that summons have been issued, should not matter. Am I correct.

No Rampal Singh the fact that summons is issued that means judge has considered her complaint and based on what you are saying i can predict that police investigation is over and they have submitted report to court and then court has decided to summon your side. Pls confirm whether or not chargesheet is prepared or not ? If chargesheet is prepared and submitted in court then u will have to quash that FIR U/S 482 else withdrawal of ur wife complaint is sufficient but that also has to be done with agreement else ur wife can file case anywhere and anytime.