Legal Question in Criminal Law in India

My husband had filed a private petition to the court and accused me of poisoning him under section 307 of IPC. Now he wishes to withdraw the case. The court has already filed a chargesheet against me. The first hearing is due.

Asked on 7/15/12, 11:02 pm

5 Answers from Attorneys

Vishwa Arya Arya & Co.

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Once the charge sheet has been filed, the court of session where matter is pending has to go for trial and cannot close the case merely on the withdrawal of the complaint. The remedy is for your husband to file a petition u/s 482 for quashing of the FIR / Private complaint wherein he would make a statement that he does not want to pursue his complaint.

Answered on 7/15/12, 11:22 pm

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Sanjay Kalra Sanjay Kalra & Associates

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The only remedy available for you and your husband is to file a petition u/s 482 CRPC for quashing the FIR.

Answered on 7/16/12, 12:41 am

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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i agree with Adv Arya

Answered on 7/16/12, 4:57 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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attempt to murder is a serious charge and there is a possibility that even high court decline to quash the FIR. in case your husband retract from his statement during trial, hope for your discharge may be there.

Answered on 7/16/12, 9:48 am

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