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Mani123456 (Engineer)     23 November 2009

Can my wife withdraw the 498a FIR before chargesheet

Hi,

 Can my wife withdraw the FIR for 498a etc if chargesheet is still not prepared? She says that she files the FIR because of her anger?

   What should I do if she agrees to withdraw FIR?

Actually, she filed false charges under 498a against me, and I

am scared of taking her back?  If she withdraw FIR, can I live seperately and give her support from outside to raise my 4 year old son without taking divorce, what is the risk involved? Or I should take divorce ?



Learning

 25 Replies

sunil pagare (lawyer)     23 November 2009

NO Cr.p.c. not allowed, after filing FIR investigation start & investigation can not stop.offence u/s498a is cognizable,non bailable & Non compoundable.You have to move High Court for quashing for FIR

Feroz M Shafeeque (Police Officer)     23 November 2009

If the chargesheet is not submitted to the court, try to convince the Investigating Officer that the complaint was filed on sudden provocation and the matter mentioned is false.

 

It is better to meet the IO along with your wife. 

 

If you both cannot live together it is better to go for divorce. In another moment of anger she can again give you troubles with the help of law in her favour.

Hardik Mehta (Family Counsellor)     24 November 2009

 

Mani,

If you are in the state of AP then the 498a is compoundable and can be withdrawn at any time. Otherwise the settlement has to happen to quash the 498a.

 

If she wants then she can tell the police to file the report in the court as the mistake of fact and end the matter.

Rajan Salvi (Lawyer)     24 November 2009

If charge sheet is not filed, let police record one more statement of your wife stating that she had filed FIR because of her anger. The Police Officer will come to a conclusion that no offence seems to be made out and he will file such a report accordingly [ I think 'B' summary report] . As to the personal questions , it is upto u to decide what to do. Advocate can try to give legal opinion but personal decisions will have to be taken by you yourself only. HARD TIMES AHEAD. BEST OF LUCK.

Rajan Salvi (Lawyer)     24 November 2009

BY THE WAY , EVEN I AM SCARED OF MY WIFE. [ Many people will not admit but I think it is a universal phenomenon.]

1 Like

Gundlapallis (Advocate)     01 December 2009

I go with Mr. Rajan Salvi's views and suggestions.

K. Rajendra Prakash (Advocate)     01 December 2009

Meet the IO along with your wife, convince him that the complaint was given due to provocation and that you have reconciled the matter.  In the state of Andhra Pradesh 498-A is compoundable.  If you can live together happily - OK.  Otherwise, please remember, nothing prevents her from filing a fresh complaint.

Hardik Mehta (Family Counsellor)     02 December 2009

Venkat,

On the lighter side, which suggestion do you go for Mr. Rajan Salvi? First or Second or both?

Gundlapallis (Advocate)     02 December 2009

Ha Ha...... Mr. Mehta... because you are a family law expert.. an exempt? dont you? ...like Mr. Rajan

(even lightly)

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     03 December 2009


I agree with Rajan salvi's views, 

K. Rajendra Prakash (Advocate)     03 December 2009

Yes, Mr. Rajan.

1 Like

Mani123456 (Engineer)     07 December 2009

Hi,

 My Wife it seems still want re-concillation. But Her mother wants her to re-married.

If I go for re-coincilation , is it possible for her to once again go to police and file 498a and DV?

Can she and her mother keep on blackmailing me in future? I am more concerned about my 4 year old child, and also feel emotionally upset due to divorce. I never wanted to take Divorce but now there seems to be no point of return?

   Can you suggest possible legal options where I can play safe.

 

Rajan Salvi (Lawyer)     07 December 2009

Segregate the points of difference or clashes. Arrive at an understanding . Clearly demarcate do's and don'ts of each parties. Let the compromise be documented somewhere so that if required , it can be used as evidence. You have stated nothing about children. If there are children, my advice is to compromise as much as you can for the children. Ultimately it is they who suffer. Please avoid using police personnel and court procedures to settle private scores. All ready they are overburdened.

Hardik Mehta (Family Counsellor)     08 December 2009

 

Mani,

I would suggest you not to take her back since she has already treated you with the criminals. Fight back in the 498a case and then you will see the diffrence.


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