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How to withdraw a case filled by wife against husband


16-Oct-2023 (In Criminal Law)
I had filed a case against my husband. IPC 341, 323, 324, 308, 498A, 354, 406, 506, 34 are charged against him. FIR already registered. If I wish is it possible to withdraw the case? If yes, how that can be done?
Answers (5)

Answer #1
976 votes
You can appear before the concerned magistrate court and you can render your willingness efore the magistrate and there y you can withdraw the case.


Other option is your husband shall file a petition under sectio 482 of the ce.p c before the high court,wherein a notorised affidavit stating your willingness to with draw shall have to be filed.

Please feel free to contact for more clarification

Answer #2
741 votes
You did not say what is the position of the case now. Is the statement of witnesses recorded. If not you can inform the police about your intention. But since the offences are such that there's legal bar to withdraw the case. But when the case come up for evidence you can depose in the court against your first complaint
Answer #3
702 votes
Hi,

In this case, it is seen that some non-compoundable and non bailable offences are involved. So it is not able to withdraw from the police station or the magistrate. So you need to file a Criminal Miscellaneous case in the Hon'ble High Court to quash the criminal case and FIR by producing the FIR and your affidavit.

Regards,

Sheejish PT
Advocate,
Ernakulam
Answer #4
744 votes
Dear Friend,

Since some of the offences are not compoundable, can not compound the offences by virtue of the existing law. However, if you wish to contact me, I may advise you in detail to over come the problem which you are facing now.

With Regards,

RAJESH NEDUMPROM,Adv
Answer #5
830 votes
Approach the high court to quash the Fir on the ground that the matter has be compromised and praying to quash the Fir...easily it can be quashed without any doubt. That is best possible way to settle down the matter

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