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Wife committed suicide and in laws want to compromise case
13-Aug-2023 (In Criminal Law)
My wife committed suicide, 6.5 yes after marriage. I have 2 small kids( 2 yr & 6 yr). My In- Laws filed false Dowry death case against me, Sec 304(B) & 498(A). I was arrested & am currently on bail. Kids are with me. My family consists of myself, my kids & my aged parents(75 & 80 yes of age). Sessions court has just framed charges against me. It has summoned my In- Laws in the next hearing to testify. Me & In-laws have reached compromise & they are ready to withdraw the case against me.My question is, can my In- laws withdraw the case? If so, how? Can we approach High Court to get case quashed
You can approach the Hon'ble High Court for quashing the criminal case by way of filing a joint memo before the High Court. Or else the witnesses before the trial court should turn hostile i.e. the witness should tell the court that you have not committed the offence when they tender their evidence.
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Adv. Jagadish N
Bangalore | 400+ Answers
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No. Your in-laws cannot withdraw the case because the case is filed by the State Government represented by jurisdictional police based on complaints from your in-laws. When the death is not natural, it has to be investigated as to how the death happened and for what reason. It is the duty of the state. Therefore, your in-laws cannot withdraw the case. However, they can help you to some extent to be acquitted. If their evidence becomes hostile or erratic, the case may become weak against you. However, if the public prosecutor is able to establish your offence by other means, then you have to face the punishment.
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Raghavendra Rao B.K.
Bangalore | 200+ Answers
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Yes friend,
The case can be compromised if both the party is agreed but even that in high Court or session court has to convince in a lengthy matter as 304 a is a difficult to compromise, hence I better suggest that you can come and meet senior in our office who will get things done at a quick time...you can meet at ,OFC : Adv pankaj Kumar
The case can be compromised if both the party is agreed but even that in high Court or session court has to convince in a lengthy matter as 304 a is a difficult to compromise, hence I better suggest that you can come and meet senior in our office who will get things done at a quick time...you can meet at ,OFC : Adv pankaj Kumar
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Sir in this case as it is not a compoundable case, hence u have to face trial, and as the matter is compromised, your in-laws will not state anything against you, and hence all will be acquitted, hence no need to worry for further guideness contact me.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
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