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Kaveri (clerk)     21 October 2010

How to withdraw 498a Without consent of husband

Respective Lawyers,

I need your help.. I am married to someone for 3 years, in year 2008 I have filled section 498a on my husband and his parents and 2 brothers. Actually i got carried away with my parents and filled this false cases against them. and now i understand my mistake.. and came to know that my parent's are behind my husband's money. I have filled many other cases like DV and CRPC 125 and divorce also with HMA 24. BUT as he has some substantial  proofs against me and my parents, i am not getting any money from him. actually he is very adamant kind of person.. he is very rich business men.

When my parents have asked for divorce with some 10 Lakhs rupees.. he replied that i will not give you divorce and make your hair white. so my parents have asked him to take me back in his house... he denied that also.. even after when I realised that i have filled false cases, I  have requested him that I know i have filled false cases i apologies for the same, and it's your wish either to take me back or not.. if you want divorce i will not ask you for any kind of money also... but his answer is same......that you will stay alone for you life...

Now after difference with my own parents i am staying alone and working as secretary.. I am feeling very guilty and wants to take back all my cases..

I have lost DV and CRPC 125.. and i am going to take back my divorce also... BUT when I have contacted my lawyer, he said we can't take back section 498a.. as it's criminal case. and charge sheet has been filled by police in 2008 only.

Now being realised what mistake i have made, i don't want him to suffer any more.. either he takes me back or not? is there any way that i can close section 498a ( with 506(2), 323, 294 and 114) Don't know how come police have added all this.. 

work as secretary in private office. so can't afford much expensive lawyers.

Kindly help me, at least i will  not fill guilty that i have unnecessary troubled my husband. there has to be some provision... because of this cases he is facing problems in going to abroad for his business, so i want him to be free as soon as possible.

 

Thanks a lot in advance..

 



 47 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 October 2010

on the basis of your complaint if charge sheet is filed by the police then trial will go on.  You have to give your evidence in the court. If charge sheet is not yet filed then give a restatement to the police that you don't want  to continue the case and I want to withdraw the complaint.  Even you can say at the time of investigation by the police .  On the basis of your statment police will file B report i.e., false report.  498 A case is compoundable.  In other cases like DV act etc., can be withdrawn.

1 Like

Kaveri (clerk)     21 October 2010

Thanks you sir, 

charge sheet is filled in 2008 only... is there any other way that i can take it back?

 

Regards


(Guest)

Respected Madam,

Actually charges framed in your case is not compoundable and also challan has also been presented so case can't be taken back. But u can give statement in court and after following due procedure of law your case can be dismissed. The only other remedy is to try a writ in high court. Hope like a case under sec 326 was compounded by the Hon'ble punjab and haryana High  court although charges are not compoundable, your case might be discharged.

Kaveri (clerk)     21 October 2010

Respected Lawyers,

in my case charge sheet is filled, but case doesn't come on board and i just confirmed with my lawyer that charges against my husband is not framed. it's just lying in court and my husband's lawyer take next date every time.. as he doesn't have time to come to court..

my father had submitted some false evidences with police,  don't know why i got carried away with my father and lost my marriage life..

I have discuss abt mutual consent with my husband, but he says the same thing that " i will make yours white and will not allow you to come back and also won't give you divorce also."

I am just hoping that once i take back this case he might accept me again.

Kaveri (clerk)     21 October 2010

my case is in Surat, Gujarat.


(Guest)

Very good advise by adv. rajeev ( rajoo )

 

The only option left to you is try to compromise/settle your case with your husband so that you both can be settled and can be withdrawn the case  there after in a court.

Kaveri (clerk)     22 October 2010

I am ready to get divorce without any money... but he is not ready for that also... He says i want to run the case irrespective of hurdles i am facing to attend court dates. but not ready to sign mutual divorce petition .

You are right, i never transfer my fault on my parents, i just said that i have lost sense and get carried away in all this.. I am the main culprit of this..

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 October 2010

Even othewise if you really do not want to persue the case you can deny when called to depose.

Not necessary for you to attend dates and since it is police case no need of any advocate.

Suresh Ram (Business)     22 October 2010

First time I am coming across a women with self esteem and self respect who has the guts to say that"I ERRED"

You can prepare a quash petition and file at the high court stating that " I filed the complaint under misguidance and i pray the FIR may be quashed"

If you need help contact local chapter of Save indian family

Kaveri (clerk)     22 October 2010

Harsh Sir,

when i need to do this? as charge sheet is filled and charges frame is not done... can i go to court and say " i don't want to pursue this case. as i have filled case without second thought and moment of heat?"

 

Will this help me in taking my case back?

1 Like

Suresh Ram (Business)     22 October 2010

The High Court has powers u/482 of Cr P C to quash any case in the lower court at any stage.

You can file a quash petition enclosing the copy of FIR. 

Sarvesh Kumar Sharma Advocate (Advocacy)     22 October 2010

all evidences which u r posting  can be used aginst u!

Sarvesh Kumar Sharma Advocate (Advocacy)     22 October 2010

contect a lawyer

1 by 1

A G (cc)     22 October 2010

Kaveri,

There is a saying in English , "You do the crime , You do the time(in Jail) ". However in India women do the crime and men do the time .

You filed 4 false cases and you have lied in each case .

1) You filed a false 498a

2) You filed a false DV which you lost

3) You filed a false CrPC 125 which you lost

4) You filed a divorce based on curelty in which you lied again .

YOU DESERVE NO MERCY for misuing the law like this !!  However yoiyu can beassurred that about 80,000 of your Indian sisters  do it every year , so your group is only growing every day .

Lying in court is called Perjury , and if you are so keen on undersgoing the right amount of penance to balance your crime , you should admit to perjury and go to jail . That will be the right punishment to wash your crimes away . However we all know that you will not do that .

Also you decided to come seeking help when all avenues of money have been closed . Had you recieved money through the DV case or the CrPC 125 case you would have been happily enjoying on it now . You are sad because your husband had evidence againt you and you lost all the cases . Now short of money and parental support you are here begging for advice and hoping that the lawyer community will help you , the same lawyers whom you used to file these FALSE cases .

My recommendation would be to do the TIME in Jail and when you come out your husband will have heart to grant you divorce . Just HOPING that he will take a woman like you back will not help you . You deserve to stay in Jail and only the jail can reform you .

Thanks,

AG

 

 

 

 

 

 

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