sameer (Assistant) 08 July 2017

Removing name from 498a case

If someone filed a 498a case on husband and father in laws..Court granted conditioned bail to father in laws and Husband on promise that they will keep the the person with dignity and pride.Now Father's in law are treating well but husband is no good.I want know can i remove name of father in law's from the case. Thnx

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3 Replies

Siddharth Srivastava (Advocate) 08 July 2017

No. The queshing of FIR particularly in respect of father in law is the only option for his removal from FIR.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 July 2017

Sir,

Kindly email the copy of the FIR at advocate.kapilc@gmail.com to see whether the FIR can be quashed in respect of the father ....

Warm Regards

Kapil Chandna Advocate

9899011450,9911218741

https://kapilchandnaadvocate.wordpress.com/

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 09 July 2017

Do not mix up things. S.498-A complaint is against FIL and husband for dowry harassment. Conditional bail was granted with a condition that wife should be treated decently. FIL started to treat her well. That will not exonerate him from the crime of dowry harassment he committed against her. If she says that she does not want to pursue case against FIL, then the proper course of action is, the FIL move an application in HC to remove his name from the case. If wife appears in the HC and gives an undertaking that she does not have any objection, his name will be struck off from FIR and case against him will be quashed.