Legal Question in Criminal Law in India
Dear Sir,
I (wife) filed the following cases CRPC 498a and 406 aganist my husband.All the cases are in evediance stage in lower court,not crossing stage.Now my husband propose for negiotation and mutual divorce.My lower court lawyer opions that those cases will be withdrwan in the lower court but I was intimated by other lawyer that lower court have no power to withdraw the sace cases,but it is the only high court is empowered to withdraw those cases.I am in a fix.Please guide me the actual legal procedure to withdraw such cases,an early reply will be highly appreciated.
4 Answers from Attorneys
If you wish to withdraw your criminal case against your husband then you have to file a petition before the High Court u/s 482 Crpc alone as no other court has power to adjudicate to quash the FIR.
498a is non compoundable and 406 is compoundable with the permission of the court in which trial is going on.
Realy do you want to withdraw case,and take/ give divorce? if yes then call me i will show you the legal way of this.
The husband cannot get the FIR quashed without you being a party and quashing will only be ordered by the HIGH COURT under its inherent powers u/s 482 CrPC. 406 and 498A IPC can be quashed by the high court only and no other lower court.
You need to see whether offences are compoundable or not for settling the matter in lower court. List of compoundable offences is given in section 320 Cr.P.C.
As per said section 320 Cr.P.C., offence U/s.406 is compoundable with permission of court, but offence U/s.498A is not compoundable.
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