630+ Lawyers are online 
Can any authority close the case without the consent of the party
07-Jul-2023 (In Family Law)
I have withdrawn dowry case against my husband and in laws (given in writing to police) before charge sheet was filed .This was on the basis of agreement by both parties for mutual divorce mentioning amount and articles to be returned to me(on a particular date at qazi's place) Later they violated terms of agreement but on police's intervention paid the amount & my belongings.But as my husband absconded to saudi ,iam still waiting for divorce(khula) papers sent to him for signatures.But they are wantedly delaying to trouble me. Though i have written letter to withdraw case ,i did not take notice from the police of case closing.Now when i approach police,they are saying that case has been closed as per ur written letter.we are not responsible.It is crime that you haven't taken notice .when they contacted me through phone.I said i will take notice only when i receive divorce papers.Is it not compulsory to take my consent to close case through notice despite withdrawal request?
Hello,
The police acted upon your request to close the case as you gave them written consent and they closed the case. Now if your in-laws are playing fraud, you cannot hold the police responsible for that. You can ask the police to register another FIR on cheating and criminal breach of trust and give them the assurance that you will not close the case as you did earlier and would like to proceed with the case till you get the khula papers from your husband.
The police acted upon your request to close the case as you gave them written consent and they closed the case. Now if your in-laws are playing fraud, you cannot hold the police responsible for that. You can ask the police to register another FIR on cheating and criminal breach of trust and give them the assurance that you will not close the case as you did earlier and would like to proceed with the case till you get the khula papers from your husband.
Helpful?
12+
12+
Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
You have the right as long as divorce papers not signed by both parties. IF police closed the case then you can file a fresh case against your husband.....cheating case (as the terms violated) and 498A also applicable to him. So you approach a lawyer. He will guide you accordingly.
Helpful?
21+
21+
Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
CONTACT NOW
when a criminal complaint is field against husband other relatives for the offence of section 498 A IPC and section 3 and 4 of Dowry prohibition act,then the police cannot withdraw the case nor the same is not entitled for compromise. The case should end with trial by hostile the witnesses.In your case,the police has no power to c,lose the case.
Helpful?
13+
13+
Adv. Ram Susarla
Hyderabad | 25+ Answers
CONTACT NOW
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
