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Charge sheet not filed against FIR/ But me and my wife got comprimised


24-Apr-2023 (In Family Law)
Sir, I got arrest and bail in case of498a , now me and my wife living together for last 5 months, but they cant take back the case and delayed the procedure, and police are ready to prepare a chargesheet and want to arrest the remaining people. what i have to do in this case
Answers (3)

Answer #1
645 votes
Here when a case is registered, it is the duty of the police to investigate the matter and file detailed charge sheet and if it is necessary , certainly they got powers to arrest. So to avoid the arrest, you file a anticipatory bail application before the concern session judge court stating the circumstances. Being granting of bail is discretionary powers, there are possiblities of granting bail.
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Advocate Akarapu Udaya Bhasker

Adv. Akarapu Udaya Bhasker

LawRato Mahbubnagar | 25+ Answers
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Answer #2
570 votes
Hello, As the charge sheet has not yet been filed by the police, prepare a mutual compromise deed where in you both state to have resolved the disputes amicably, notarize the deed and file it along with quash petition in the High Court and make sure that your wife states in her affidavit that she does not wish to proceed with the case any further and that you both have settled the disputes and you are willing to stay together and that the FIR can be quashed.The court will quash the FIR. Please note that, you cannot get the FIR quashed by the High Court without mentioning proper grounds in your petition or her affidavit wherein she clearly conveys her willingness to withdraw the accusations against you. Therefore, your wife has to co-operate with you to get out of 498A.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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Answer #3
899 votes
Hi Since both you and your wife are living togather, you and your wife can file a joint compromise agreement and submit the same to the High court. Only high court has powers to quash the FIR under section 482 of Cr.P.C Once high court admits your petition (because both husband and wife are living togather), both of you will need to come to high court and upon representation high court will quash the FIR. Once FIR is quashed then there can be no further legal proceedings
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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