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swetha   08 June 2015

498a case withdraw

hi i have filed 498a agaist my husband . I want to withdraw my case and i want to live with my husband. My question is can i withdraw my case without any concern with my husband or is it neccesary to present with my husband in the court. plz reply me.


 4 Replies

saravanan s (legal advisor)     09 June 2015

if charge sheet has been filed in the court then you need to quash the proceedings by filing a quash application u/s 482 crpc in the high court along with the compromise deed


Right procedure MR.Saravanan

1 Like

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     09 June 2015

swetha, as per my knowledge, 498a ONCE filed can NOT be withdrawn without husband's written & signed consent. at least husband must give POA to that effect.


Once you have fired the gun then it the case is NOT between you & husband. It is NOT a JANE DOE VERSUS JOHN DOE CASE which JANE DOE can withdraw. It has now become STATE VERSUS JOHN DOE.


PARAM POOJNIYA SWETHA JI, If you have filed a false case on your husband but your husband turned out to be a fighter & he is filing perjury in CIVIL OR DVC Court then your lawyer must have advised to take back 498a because in CIVIL PERJURY & DVC PERJURY there could be a chance for you to get away with just the costs BUT IN A CRIMINAL CASE every lawyer in the country will tell you that YOU MIGHT GET CONVICTION i.e., JAIL for invloking state against your husband & family.


Kindly remember, Your query is itself proves that your husband is NOT willing to agree on compromise & that's why you yourself at your own sweet will want to get out of the case without your husband getting it's knowledge. This is NOT possible dear.


Let me tell you dear, currently the HC & SC are very strict against the false cases.

Even In toay's newspaper while acquitting 5 rape accused 21 years after the lady filed false rape charge on them in 1994 or around (but later on it turned out that she filed false case to take revenge from one of the 5 accused with whom she was in close contact.)


For your knowldge sake, LET ME TELL ALL THE FALSE CASE FILING LADIES that only in the state of Hyderabad Compounding of 498a is allowed. But even there you & your husband need to go & present before the HC Judge & ask for compunding based upon a compromise.


BUT in remaining parts of India , COMPOUNDING IS NOT ALLOWED after a wife invokes 498a (i.e., STATE) against her husband'S FAMILY.



Law Commission has given recommendation to make 498a compoundable in all other states of India but almost all men rights organizations in India are UP AGAINST the compounding because once 498a FIR/CS is allowed to be compunding real justice won't come out as husbands under pressure might succumb to pressures exerted on them in the initil stages whereas due to non-compounding there is a possibility for SUO-MOTO ACTION against the false case filing wives. NOTE:- Some people wives/ husbands/ lawyers/ activists etc are also in favor of compounding but time will tll.



If you really want to come out of this mess then next time when you goto court then calm your voice tone & modulation & tell the judge/MM that you want to take back all these cases due to bla bla reasons. Of course your husband will rejoice on his winning but after few months (if NOT immediately) he will realize that it's good to compromise. You are a girl. Kindly show politeness so that your husband gets the message through your actions NOT through your words (because MEN ARE FROM MARS & WOMEN ARE FROM VENUS) & MEN JUDGE PEOPLE BY THEIR ACTIONS. Be a girl. Spit out your thoughts of misandry & related thoughts which were inculcated in you by your relatives/ friends & try to see if god is with you or god wants otherwise.


Best Wishes !!!


Really good assesment by Mr. Atur Chatur,though not a legal professional.

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