Procedure to withdraw 498a and 3 & 4 dp


Good Evening,

My wife filed 498A 3 & 4 DP ACT, DVC and MC in Telangana. Now we have decided to take Mutual Concent Divorse. Now she is willing to withdraw all the cases. I have done some ground work.

     1. DVC and MC can be withdrawn at the lower court by filing the petition along with MOU.

     2. When it comes to 498A 3 & 4 DP ACT, i am hearing a lot of different views.

            a. It can be withdrawn in lok adalat ONLY in Telangana and AP as these two states consider 498A as compoundable, but                    not 3 & 4 DP ACT.

            b. Someone says it can only be quashed in HC under 482 and lokadalat doesnt have that right.

 Can someone please help me in enlighting the procedures to withdraw cases.

 

 
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Advocate

Sir,

 

FIR can only be quashed and no other way. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

 
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It is not clear whether the 498 and DV was a police case or straight in the court. Anyway, if your wife is ready to withdraw both the cases, then your wife had to submit a Misc. petition (criminal) in the same court through your lawyer, where trial is being conducted that everything has been settled. But there is a risk that she may file those cases again, so better if it is done in the H.C. Because then it will not be easy for her to approach the SC. It may take Max.6 months in H.C. Later on, mutual divorce can be filed in the FC., is my opinion.
 
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self employed

As per the latest judgement of the supreme court in Social Action Forum for Manav Adhikar and another VERSUS Union of India Ministry of Law and Justice and others Fir under 498A can be quashed only by the high court. I advice you to first enter into a MOU and go for the quash of FIR. Later you may ask to withdraw the pending cases of DVC, MC and file MCD. First enter into MOU drafted by a Good criminal lawyer before your wife changes her mind. Later go for quashing 498A and DP 3&4 as advised..... Regards Subramanyam ADVOCATE HIGH COURT OF TELANGANA
 
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That is what I have stated in my reply. However the three justices bench of then CJI Dipak Misra, AM Khanwilkar and Dr. DY Chandrchud at para 40 in the W.P of Manav Adhikar vs. UOI have said. That direction No. 19(iii) of the Giant Singh ruling is modified to the extent that, if settlement is arrived at, the parties can approach the HC under section 482 Cr PC and the HC keeping in view of the law laid down in Gian Singh (Supra) shall dispose off the same. Dated Sept 14, 2018.
 
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So, now it is up to the querist and his wife to do the needful.
 
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can it be resolved u/s 321 if the wife has divorced and remarried..?
 
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But in that case, the prosecution shall agree to withdraw the case, which looks to be not possible. On the other hand, the H.C. has unlimited power under section 482 Cr PC if you have gone through the judgement of the SC as quoted above.
 
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