Want to withdraw 498 a

Sonia (Querist) 24 December 2015 This query is : Resolved
Sir i lodged complaint u/ s 498 a againts my husband and his family member in 2014 due to some misunderstanding. Case is under trial. Charge sheet is also filed in the court. Now, I reliased my mistake and living with my husband since last 7 months. I want to withdraw the case. Please tell me the exact proceedure.

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ADV-JEEVAN PATIL, MUMBAI (Expert) 24 December 2015
498a case cannot be withdrawn as per law provided court permit to do so

SAINATH DEVALLA (Expert) 25 December 2015
Once the case is in the hands of the court U cannot withdraw according to UR convenience,even though both of u have compromised to live together.In some states 498A is compoundable and in some not compoundable.

One option is, nothing wrong in filing an application in the court for not pressing the case further as both of U have made an out of court compromise for living together.The court if it deems it fit taking into consideration the prevailing conditions in UR marital life may agree for UR request.I said May agree.

Second option is UR husband can file a quash petition in the HC,mentioning the facts and U will not contest it.

malipeddi jaggarao (Expert) 25 December 2015
Second option is preferable.

Sonia (Querist) 25 December 2015
is 498a compoundable in haryana.

SAINATH DEVALLA (Expert) 25 December 2015
No not compoundable in Haryana,it is only compoundable in Andhra Pradesh/Telengana,Rajasthan and West Bengal.

Devajyoti Barman (Expert) 25 December 2015
It is not compoundable. Anyway nothing to worry for this. You may adopt any of the following two options-
1. Make a quashing petition in high court or
2. Do the same in lower court by recording your evidence.
Since the second option takes some time, you adopt the first option which takes not more than couple of months of time.

Rajendra K Goyal (Expert) 25 December 2015
Your husband should file quash petition before the High Court.

Sonia (Querist) 25 December 2015
Thanx all for sharing your valuable advice. But one more thing, what would be the approx expenditure in high court if my husband file quash petition.

Dr J C Vashista (Expert) 26 December 2015
@ Sonia,
1. What is the opinion and advise of your lawyer, you did not disclose in your query?
2. You have filed the complaint against your husband and now want to withdraw, is it a real TAMASHA/ sheer abuse of process of law or playing with the sentiments of your husband and in-laws???
3. However, request/advise the accused (husband)to get the FIR quashed by Hon'ble Punjab & Haryana High Court, who may impose "some" cost on you, the complainant.