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John Reddy (Executive)     14 September 2012

498a withdrawl

Please help me

498a/406/506/323 r/w 34 was filed against me & my family 1 year back, parents got A.B & I got regular bail, challan is not yet submitted by I.O, and compromise is done and we have decided to part ways mutually.

I know that 498a is not compoundable, but just want to know the options as challan is not yet submitted.

1. If the I.O does not submit the challan and just submits a report that parties have compromised and case dismissed, can the lower court dismiss the case .

2. OR Is it mandatory to get it quashed from H.C, and how much time it takes to get it quashed.

I heard that if the challan is not submitted then in the lower court the girl and family can record their statment that it was a wrong case and they don't want to pursue it and both the parties have compromised, how far is this right.


Please let me knoiw what is the best option


 7 Replies


Dear Sir,

You should go for the second option, i.e. you will have to move an application for quashing of F.I.R. under S.482 of Cr.P.C. before the High Court in terms of the settlement arrived at between you and your wife. If you file the petition to-day, it will come for hearing day after tomorrow. F.I.R. will be quashed after permitting you to compound the offence in terms of the settlement. Thereafter, you can obtain the certified copy of that order and file the same along with a Memo before the J.M.Court. The matter ends here. For any further clarification, kindly speak to me on 9842197857.

Dr J C Vashista (Advocate)     14 September 2012

The only solution is to get  the FIR quashed

John Reddy (Executive)     14 September 2012

So this means, it cannot be dismissed or cancelled by the lower court, if the I.O says compromise is done and irrespective of other party giving their statement.

ABHISHEK B (Bekaaar)     16 September 2012 law...only trust certified copies...till u dont get it in hand...never trust anyone. Ask your IO to give a B report.


What is B report ?

John Reddy (Executive)     17 September 2012


In case in the B report I.O mentions that both the parties have reached the settlement and case should be dismissed or cancelled, do the lower court have authority to cancel the case or only H.C can do tht 

ABHISHEK B (Bekaaar)     20 September 2012

If B-report is filed, I don't think trial court can take cognizance in the matter, and the case should end then and there.

Experts can pitch in for there comments.

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