FIR cancellation
3 years ago
I got married in 2017 in India and went to US but had a troubled marriage there and came back to India in 2019. Thereafter I filed a police complaint/FIR against my husband in August 2020 for dowry 498A and DV. Post that in February 2021, my husband and I decided to get mutual divorce and first motion has been completed (motion 2 is pending). Now, as per MOU of our mutual divorce, i will help in quashing the FIR for which I have submitted the affidavit to police (police have not submitted the challan yet to the court), but they are not accepting my affidavit and asking me to write in the affidavit that this complaint/FIR was filed out of misunderstanding and confusion, without knowing the law or in someone's pressure, which in itself is not true. So need advice on couple of things
1. Is it ok to write such a statement in an affidavit, just for the sake of quashing FIR?
2. If yes, can my husband file a defamation case against me OR police take any subsequent action based on this statement?
Please advice the right next step for me here. I do not want to lie on legal documents about the authenticity and genuineness of my complaint/FIR.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
Husband still in US or india?
dont give anything wrong in writing which is going to HC.
There are implications.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
The power to quash the criminal proceedings lies with the High Court. Your husband needs to approach the concerned High Court to quash the criminal case against him. There you can say that you do not wish to pursue criminal case against your husband if the case is settled amicably.
Affidavit is a sworn statement. So don't write anything that is not true in your opinion. You won't be held liable for defamation or police won't take any action on you, but weakens your stance in the court of law.
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Your husband needs to quash the criminal proceeding instituted against him by approaching the concerned High Court. There, you can say that you do not wish to pursue the case against your husband if the case is amicably settled and both you and your husband can reach a compromise.
Do not write any such thing on affidavit which is not true in your opinion. If they create pressure on you to write such things on affidavit, you can withdraw from the MOU.
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Rajnsh Singh
Responded 3 years ago
Whatever I could extract from the facts as stated by you is that the first motion has been completed and the second one is pending and in the MOU you have said that you'll ho.in quashing the FIR. Fair enough. Now, first of all I must tell you that you are not bound by law to continue with the second motion and if you feel that the opposite party is creating unnecessary hurdles for you then you can withdraw from the mutual divorce and you would never be penalised for that. Secondly, you need not mention in the affidavit that the cases were filed by you out of mistake and confusion. Why ? The reason is its implications. The implications are that this person would be completely absolved of all his mis deeds whatever he may have committed and it would ultimately be you who would be in bad light. Saying something on affidavit means you're saying that thing on oath and you should never ever do that which they're asking you to do.
Your second query relates to the possible action which your husband and the police may take against you in the event of you declaring on affidavit that the cases were filed under mistake and confusion. In this regard my answer would be that 'NO' such an action cannot be initiated against you either by the police or by your husband because for making you liable they will have to prove that you had I'll intentions and driven by that I'll intention you filed cases and if they rely on your affidavit then it would not serve their purpose because it would be saying mistake and confusion. But you have to keep in mind that whatever I've told you about any possible action is something which comes out when we apply law correctly to a particular situation but police most of the times doesn't do so.
So to conclude I would suggest you not to write any such thing in the affidavit. If they create pressure then you can simply withdraw from the mutual divorce by sending them a legal notice. I am reiterating for your better understanding that the Hon'ble Supreme court has also held this in various judgments that one can never be held liable for withdrawing from the mutual divorce and backing out from the MOU if appropriate situations exist.
Sidhaarth
Responded 3 years ago
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