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syam ( )     20 May 2015

Process to with draw 498a

Hi Sir , 

My wife kept false 498A case on me , FIR was filed and according to my lawyer case hearing will be in august.

Now my wife came back to me and saying that she want to stay with me . 

Please advice what is the process of case with draw. how can my wife apply where should she apply for case with draw. 

we both are job holders , we should plan our leaves , please provide the 498A process with draw . She kept case in vishakapatnam ladies police station last year . 

1) please let me know what is the exact process of case with draw 

2)  how much time it take to withdraw process.

3) where should we apply in vishakapatnam police station or vishakapatnam court or in hyderabad high court.

Thanks in advance...

 



Learning

 27 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 May 2015

Sir,

 

Prepare a quashing on the basis of the compromise and file before the High Court ...

 

Warm Regards

Kapil Chandna Adv 

9899011450

sachinahire   20 May 2015

sir,

i it is not need to go to the high court,if your wife fill aplication in same court saying that i file case against my husbund and his relatives falsly.the court take cross of your wife regarding the false case.498(a) not compountable offence after cross of your wife and evidence closure the court declair you innocient and relive it take only 4-5 days or maximum 15 days

Regards,

Advocate Sachin Ahire

(9892601150)

aarjun vhajage (Lawyer)     20 May 2015

Mr Sachin Ahire is right. No need to go to the High Court, she can just go to the JMFC.

syam ( )     21 May 2015

Sir , 

Me and my wife stay in hyderabad. High court present in hyderabad . My file kept case in vishakapatnam. 

is it possible can my wife file a withdraw in hyderabad or she should file withdraw only in vishakpatnam ?

As mensioned above time period is 4 to 5 days max 15days , shall we both attend court continuous for 15 days ? or it we attend only 1 day ?

what is JMFC , is it vishakapatnam local court ?

 

 

 

v.sreenivas sivaram (senior civil judge CUM ADMINISTRATIVE OFFICER)     21 May 2015

Approach the district legal services authority for lok adalat comprimise and when both of you sign and file the comprmise memo they will give date of 3 months whereafter again if the terms of comprimise are agreed by both parties the case will be removed and the accused acquitted , this is the simplest method where you have to go to vizag only 2 times

syam ( )     21 May 2015

Sir , we have small problem , Actually we shifted to new software company last week , when we are in prohibition period we dont have leaves.

we are planning to apply withdraw in high court hyderabad , because we are staying in hyderabad.

Is it possible in hyderabad, if yes please let me know the process how to appraoch.

syam ( )     21 May 2015

Sir , even if my wife apply withdraw , still i get summons for 498a from court for hearing ?.

According to my lawyer ,1st hearing could be in 2 or 3 months 

syam ( )     21 May 2015

Hi Sir , 

My wife made mistake and came to me finally , even i forgive her mistakes. If she with draw case on me and she want to stay with me . If she withdraw case on me ,

she get arrested for her lies ? 

What ever happend is happend , i dont want my personal life to be disturbed further .. SO please guide me to save my and my wife time ?

 

sachinahire   22 May 2015

Sir, No need to go to high court your case withdrow in only vishakapatanam court where she file case.and it is a single application givan by your wife to court that i falsly file the case,15 days means not contineos 15 days it means 2-3 dates which is given by court to solve the matter.and no punishment for your wife dont worry about that but if you file case after judjment about falsly statment and documentation of your wife then it is punisheble offence but as u told that you both settele the matter dont worry meat your local advocate and procced

syam ( )     22 May 2015

Sir , we are  planning to apply with draw , but some of my friends said that there  will be holidays for court in summer in hyderabad high court or vishakapatnam court . 

If yes , please let me know , can i apply now for with draw or after holidays ?

richardjohnson   22 May 2015

Any FIR made under section 498A Indian Penal Code cannot be withdrawn by the Complainant as the offence under this section is Non-Compoundable, which means once this F.I.R. is registered this either has to find its ultimate conclusion through proper prosecution in the court or under its inherent powers under section 482 of the Criminal Procedure Code, the concerned High Court under whose jurisdiction the Complaint is being prosecuted may dismiss the F.I.R to secure the end of justice & thus give relief to the parties. The parties involved in the complaint & its prosecution have to approach the concerned High Court for the judicial relief otherwise mutual agreement will not bring this matter to end as one may feel.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 May 2015

498A is non-compoundable offence, hence cannot be withdrawn once filed.

 

Immediately file Speedy Trial to HC to get is dispose of expediently.

 

 

syam ( )     08 June 2015

Sir ,

I met one lawyer near to high court for withdraw 498a on me with my wife, he is asking me to give charge sheet or CC number on charge number.

1) How i can get charge sheet , at present i have only FIR with me ?

2) Please suggest how can i get Charge sheet or CC number ?

3) Shall i pay any chalana for that , if yes where should i pay challan in court or some other bank ? please advice

syam ( )     16 June 2015

Hi SIr, 

1) One of my friend said that , if the 498a case quash in high court by my wife, then the police from vishakapatnam(place where case filed on me) interfere and put same case on me again with there investigation report ?

2)  Me and my wife are employees , so we are willing to have with draw in high court due to lack of leaves. my lawyer said if we apply quash in vishakapatnam court also it take 15 days with 2 sittings. or if we go for lokadalath , it take 3 months ? please advice which process will clear the issue quick

3) If we quash a 498a in high court hyderabad(where we work) , is there any problem further from any police / lower court people ? please advice.

 

 


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