Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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mxaxis2@gmail.com   09 June 2019

Sec 498A

Dear Experts,

My wife has lodged the FIR u/s 498A in Vijayawada, Andhra Pradesh and withdrawn the case after 3 months.

Can some one suggest after withdrawal of case is that end of the case or do we need to quash in court?

Police are suggesting CI has the right to quash the FIR.

Appreciate if you can help me with the above query.


Learning

 7 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     10 June 2019

Sir,

 

FIR can only be quashed and not withdrawn. 

 

Warm Regards 

Kapil Chandnan Advocate 

9899011450,9911218741 

mxaxis2@gmail.com   10 June 2019

Thanks Sir for the response.

My confusion is CI has the power to quash the FIR lodges u/s 498A or only Court has the power to do the same.

P. Venu (Advocate)     10 June 2019

Are you sure that the FIR has been lodged?

mxaxis2@gmail.com   13 June 2019

Thanks for the responses. In this case FIR has been lodged and my wife withdrawn the case by submitting a request in police station. Till now charge sheet has not been filed by Police. Hence SI has suggested me that CI has the power to quash the FIR. My confusion is about is CI has a right to Quash the FIR filed u/s 498A or not.

P. Venu (Advocate)     13 June 2019

The CI has no such power; The SI is trying to mislead you. The best option for you is not to pursue the matter any further.

mxaxis2@gmail.com   20 June 2019

Thanks Mr. Venu for the response. Do u just basis my wife withdrawal request letter, It can be considered as the case is closed. But what about FIR then?

mxaxis2@gmail.com   20 June 2019

Thanks Mr. Venu for the response. Do u suggest basis my wife withdrawal request letter, It can be considered as the case is closed. But what about FIR then?

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