Withdrawing 498
Querist :
Anonymous
(Querist) 06 May 2011
This query is : Resolved
Can i withdraw 498,what is the procedure to do so and how long does it take?
PARTHA P BORBORA
(Expert) 06 May 2011
You cannot withdraw a case under Section 498 A IPC. However, if the police has submitted the charge sheet before the court, you may file a petition before the Court to allow for a compromise at evidence stage. After recording your deposition court may allow to comromise the case.
Devajyoti Barman
(Expert) 06 May 2011
Like civil cases the case under 498A IPC can not be withdrawn at the will of the de facto complainant.
If settlement has be arisen between the parties then both the parties can go for mutual quashing before the high court or alternatively the de faco will have to depose to conclude the trial in favour of the accused persons.
kranthi kiran
(Expert) 06 May 2011
In Andhra Pradesh( i think in other two states also), the offence under section 498-A is made compoundale with permssion of the Court. But after filing of compromise application, there will be 3 months obseravation period for reconciliation and after that period only,the parties are allowed to compromise. The law commission is seriously observing the abuse of 498-A IPC. Thereis a likely hood chance, that, in its next report, it will recommend to make the offence bailable and compoundable one all over in india
Querist :
Anonymous
(Querist) 27 June 2011
Our matter is settled in the highcourt and we have agreed to file the consent terms on 6 July,One of the clause in the consent terms for me is to take back the 498 case, which has a hearing on 16 July 2011, now this case was filed in 2007,and i never ever got the call to appear in the court,this is the first time i'll be going to the criminal court,my lawyer said that i have to tell the judge as the matter is settled in the high court i want to take this case back..."Is it possible to do so","Is it that easy"...are there any chances of this back firing on me or i may be framed by my ex husband and his lawyer.Please help
