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Suman (Engineer)     03 June 2014

498a case withdrwal procedure

Hello everyone,

can anyone please tell me the exact procedure to withdraw the 498a case. case brief is mentioned below:

around 6 months ago my wife given a gift of 498a, 406, 506 34 and DP 3 & 4. On March end she submitted an affidavit to court stating that she wants to withdraw the case. the case is on myself, my mom and my younger sister. My mom and my sister surrendered at that time and got bail. and i applied for anticipatory bail. From high court (Kolkata) my AB has been granted on January end. but i did not surrender as by this time my IO was transfered and when new IO taken charge by this time my wife withdraw the case. 

Now IO told me that he has to send a chargesheet to court and my lawyer informed me that after IO's report finally the case will be withdrawan. as My mom and sister are on interim bail they had to visit to court on specified date. last date was in May and next date is on September. I am really confused how exactly the case will dismiss and when can i get an order / confirmation that the case is completely dismissed. Please help me.



Learning

 10 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 June 2014

498A is Cognizable, Non-Bailable and Non-Compoundable offence.

 

Ideally if anybody wish to withdraw the FIR then she will be treated as guilty and should be charged with 211 and 182 of IPC.

Suman (Engineer)     03 June 2014

Thanks Mr Shatyaprakash for your prompt reply. But she already submitted affidavit to court. also We want to get out from all these as early as possible. as we already moved please help to get out from this situation. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

The police in all probability would submit the FINAL REPORT saying that no crime is made out.

 

Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Biswanath Roy (Advocate)     04 June 2014

Sec.498A IPC although not compoundable but if the complainant wants to withdraw his complaint against accused and request to the Court, the court can allow to compound the allegation.

T. Kalaiselvan, Advocate (Advocate)     05 June 2014

498a is nearly compoundable these days owing to its matrimonial dispute in nature based in the mediation reports.  So her affidavit and the IO's report informing no crime made out, will aid to withdrawal or dismissal of the case.

N.K.Assumi (Advocate)     05 June 2014

Yes, matrimonial cases can not be equated with criminal case like extortion, fake currency etc, and failed marriage should be send off peacefully by compounding the same. Though the law says dog are prohibited, by employing fictional interpretation to the provisions, the dog should be deem to be a cat in the interest of justice and make it compoundable.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

:-) :-)

 

 

 
 
Regards,
 
Shonee Kapoor
Handphone: +91-8010850498

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     06 June 2014

Agree with Mr.Kalai's advise. "498 is nearly compoundable"  is very much  true,though the text book version of the section may say otherwise.

Suman (Engineer)     06 June 2014

Thanks a to to everyone. Now I understood that my IO will send a report to court that no crime has been made. So on the basis of these two reports (Affidavit from my wife) court will issue case dismiss report. If i am not wrong.

Now as next date to be presented by My mom and sister is mid of September for bail what will happen on that day. do we need to wait for that day or if my IO send the report by this time then will it be close instantly. what about me as i did not surrendered. Sorry for lots of queries and might be these are very silly question but as i really know nothing about it that's why. Please.

T. Kalaiselvan, Advocate (Advocate)     06 June 2014

If the IO after investigation finds that it was a false case and deserves to be closed, he may send his recommendation to the court  based on which on the opinion of Asst. Public Prosecutor, the court may pass orders accordingly. In that event, once there is no case at all, where is the reason for you or yur parents/sisters to attend the court.


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