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(Guest)

Take back fir

Sir/Madam, I have been married for last 7 months and since then i have been physically and mentally assaulted by my husband for issues related to finances and ego. He had claimed to start a business after marriage but since last seven months there is no progress and he does not want to do a job as well. He has been spending time playing video games at home. I felt cheated but still gave up thinking he would accomplish something later.But he has manhandled me in many occassions and during one such fight i had a hairline fracture on my arm and i have all medical documents and eye witness.I still kept silent hoping for change. But from last month he has become too violent and has hit me thrice in just one week. Hence, i approached the nearest police sttaion and registered an FIR.After registering the FIR he is pleading to be guilty and is willing to give in writing that he would never assault me again and will be responsible towards family and has requested me to take back the FIR.Is it possible to take back the FIR at this stage ? If so what is the procedure? The police have charged him under domestic violence and dowry act. Please advise.



Learning

 9 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     25 July 2016

Mam, 

 

FIR can be taken back on compromise .... But why are you taking it back ? 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


(Guest)

Sir, thanks for your response. Like I said , he is feeling guilty and even i feel i need to give life another chance. It is after all marriage and not a one day affair.But i would consider to take back the FIR only if assures me in writing that he would not assault me in future. But what happens if he does repeat his act in future ? Can i register the FIR again?

Vibha   25 July 2016

  1. Yes you can register FIR again if situation demands.
1 Like

Sood   25 July 2016

What you can do is you have to ask for police about compromise and police will file cancellation for the same...
1 Like

P. Venu (Advocate)     26 July 2016

Other than admitting his guilt, has he really improved to be a responsible husband?

1 Like

binay (advocate)     26 July 2016

The fact is that once the FIR registered it cannot be taken back, you may go for compromise. It will be on official procedure and record. It seems to be same as like withdrawal of FIR. It will help you in further time i.e. Future.
1 Like

(Guest)

Thanks for the responses!  He has admitted his mistake even with the police however, i am not sure if he is going to be a responsible husband. I need to give another chance and then shall be able to make out if he has changed or not. But for now he is has left home and is staying in a undisclosed location and is working on getting Anticipatory Bail. He is willing to come and discuss for compromise after he gets bail. I am getting calls from the Police Station to produce marriage documents(invitation card,photos,videos,certificates and medical record for assault) to proceed further to file chargesheet. I am confused if we can solve this at this stage or not.

stanley (Freedom)     26 July 2016

 

In Dv act if he is proved guilty just a warning is given and if he repeats the offence he would be put in jail upon your complaint but in 498a once bail is granted and after the case runs and if  he is proved guilty he has to serve jail term  for a minimum period of 3 yrs . 

Marriage is over once case goes to the police station as trust is lost hence seek divorce and finish off the matter .It means case has been registered under Domestic Violence  act and 498 a.By the way was he seeking dowry from you that you have registered a case under 498 A .

Vibha   26 July 2016

 

  1. I agree with Stanley. Your husband will remain resentful about the police experience and his usual habits are unlikely to change. It is very rare for marriages to survive after this stage. Both of you will be spoiling your precious time by either fighting each other in court or fighting each other at home.
  2. Getting mutual divorce and seeking second attempt at happy life is a good option.
  3. If you decide to compromise and reunite then I recommend atleast 6 months of regular sessions with a marriage counsellor to help heal both your wounds and rebuild trust.
  4. Marriage is fulfilling only when both sides feel genuine love and respect for the other. Otherwise it is worse than being alone.

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