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Procedure to withdraw case filed under IT Act


03-Jan-2023 (In Cyber Crime Law)
My wife left the matrimonial home one year back and filed 3 false cases against me of dowry, harrasment and hacking her email account under IT Act 66C ,I also filed 2 seperate cases of divorce and adultery against her and her family. Within a year of these cases I lost my job and went pennyless, some how making my ends meet. Under my family and relatives advice and deteriorating mental health of my parents , I decided to settle the cases by giving my wife 10 lakhs rupees in two part payments on condition of divorce and withdrawing all the cases against each other. One of the cases which my wife filed against me under IT ACT 66C that i have hacked her gmail and facebook and using it for malicious purposes, court has filed chargesheet against me. The mutual consent agreement happened after court filing chargesheet against me. How can she withdraw this case ? Or what steps I can take so that this is withdrawn.
Answers (2)

Answer #1
666 votes
You can contact me for the withdrawal of the cases as it involves filing of application and a hearing before the Adjudicating officer for withdrawal of the case. You will have to share the mutual consent agreement with the court and get a settlement order.

Answer #2
561 votes
You need to approach the respective High Court for quashing of proceedings.

Your wife and you jointly could have simply filed an application under section 77A of Information Technology Act for compounding of the offence, but as the offence is against a women, it cannot be compounded under section 77A before a lower court.

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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