Can wife withdraw cases for mental cruelty if charge sheet filed
21-Dec-2023 (In Criminal Law)
My wife has filed the case in UP under section 498a,323,504,506,3,4 as charge sheet has been sent by the mahila thana to court 2 months before for submission. 1. My question is can my wife take back these charges if she want before the court call for the charge framing at what stage she can take back her case. 2.if she want to come back so what would be the best way to get rid out these charges to be a safer side. 3.After her coming back what precaution should i take to avoid the any kind of risk. 4. Should I take something in written for the safety of me and my family. kindly suggest what to do to reduce the risk if she come back and start living.
Yes she can withdraw the case anytime after mutually settlement between you and her, but you have to file quashing application in the high court for cancel the charges of 498a . your case would be withdrew after settlement. And your are asking for precautions ? There are many ways to take precautions but i cannot tell you without meeting. So you have come for meeting then we will disscus.
If your matter can be amicably settled then you along with your wife can move a petition for quashing the FIR as well as case 2 High Court again I would like to tell you you can move petition for quashing at any stage and if your wife settle the dispute with you even in that case you have to move petition for quashing your case to the High Court
Does your wife wants to drop these charges framed against you?
If you Have landed on a settlement with your wife, then the complaint can be quashed under relevant provisions. These questions need to be answered before proceeding it further.
If you Have landed on a settlement with your wife, then the complaint can be quashed under relevant provisions. These questions need to be answered before proceeding it further.
Preliminary opinion : you need to consult as to have an edge in this litigation. In your case you should move for quashing of the FIR in High Court with your wife. And make a clause in the settlement agreement to settle the future dispute if any, in future by mediation and if the marriage would not work then to have a mutual divorce as per the clause.
There is no provision for taking back charges. If she want to withdraw her case and live with you, for the safer side, you may go for mediation and settle the matter through mediation. on the basis of settlement agreement she can withdraw her case.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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