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Can my wife withdraw the 498a FIR before chargesheet

Page no : 2

Thangam (B.L)     18 December 2009

u can withdraw fir something by convince the Investigating Officer. firstly try to compromise ur wife if she is ready then u can release it .

sibasish pattanayak (lawyer)     26 December 2009


1.yes she can withdraw her complain b4 chagesheet with the police,but police advice her to file that petition b4 the court concern with a prayer to send the copy of the petition along with order of the court to the investigating agency to take n/a,

2.yes, ur returned wife can file further 498a/dv case against u and her in-laws.

3.a broken heart can not join properly again after criminally implicated .... decision up to u.

sibasish pattanayak, advocate.


if its missunderstanding between u and ur wife then u can go to it if u have children .if already failed the case in the court then if she is ready to come back then ur job is not to take her back without any court written letter because first time she failed the case second time if she puts keroshne on her body and if she goes to police then its finish so do what ever in the court ,she should give in written that i will live a good life with u and ur family members .the settlement should be done in the proper way two days or one month dont think about ur wife if she failed the case on that day onwards she is not ur wife remember if u have children never let her see ur children she should feel about life failing a 498a is very easy going to court is very bady .life risk life is verry enjjoyable when we r one .the man cant stay with out girl so please dont take any decision on the sport if she failed a case and its in the local police station then give some amount to the police tell them not to put the chargesheet to court mostly it goes four five months to go to court .if u wont to settle in local police there also she should give by her written that i will not do in front .settlement is the better way of ur life iam tilling once its goes to the court u no indian goverment rulees monthly go and come it take five or ten years it depends

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 January 2010

mr salvi's decission is wise, & appropriate.

1 Like

OneHelpLessHusband (SELF)     06 February 2010

Dear All,

I am a similar dilema..

My wife filed a 498A against me 10 months back and went through the whole process of 498A.

Now, she is willing to reconcile and have also withdrawn the DV case which she was actively following up. She is ready to go for marriage councilling etc to ensure that all of the bad memories etc are eliminiated.

Other than this, the police has NOT filed the chargesheet even after 10 month and have NOT even called me once to PS for taking my inputs.


Now, i want to know what are the ways to

1) Quash/Withdraw 498A

2) Process of doing so - would a joint agreement stating that no future references for 498a etc would be filed and that we would live peacefully and happily etc etc

3) Agreement - Does it have to be filed before the local PS or to the court

4) Finally - If 498A is filed once and withdrawn, can she file it again in future?


Kindly advice

Stanley Ravi (Consultant Conservation)     07 March 2011

After being in this forum I am so confident,
to see honesty at unprecedented levels.

I was also a very brave person, but I was very frightened of my wife.
I was greviously injured on the head, beaten by 5 people
arranged by my wife and her family.

I filed an FIR without too much of progress from the Police department.
But I have got a lot of suport from family and friends. I wanted to
withdraw the FIR out of generosity only because she is the mother
of my child and another human being.

This forum has been such a great inspiration I really thank all the lawyers for
spending your valuable resources and this is a platform where
Indeed this is really really a NOBLE profession.

I want to thank each and everyone of you in this forum.

Stanley Ravi

Vijay (Asst. Manager)     27 March 2011

Never take a 498 case wife back. She can re do it again. It was the same game in my case as well. She gave a case, then cried and pleaded that she gave it out of tension and anger. I believed and returned. She started threatening me again and again.... THEY WILL NOT CHANGE, THOSE WHO CHANGE WILL NOT GIVE SUCH A COMPLAINT.

Vicky (c)     27 March 2011

I completely agree with Vijay. They never change.


it is bound to happen again so beware of crocodile tears.

Only way i think suitable is to take a majistrate affidavite from your wife that she filed false cases again you and your family. This may help you if she tries to file 498A 2nd or 3rd time. other senior people may advice you better on this point.

But once again...it can never happn that she will change.

Patience_Adi (IT Professional)     28 March 2011

I completely agree with the people who have said "Not to take back 498a wives "... My personal ongoing experience... I have been booked under 498a, including sections of life threat and kidnapping of my son and that too it was double jeopardy.....then the code fof civil procedure 1908 case from my mother in-law...then there was one more complaint in the family counselling office "Vanitha Sahaya vani"... there were some couple of sittings and on the final sitting my wife left the scene as the family counselling officer understood about the fabricated case.... then after 4months there were some involvement of third party person who asked me to take my wife back as I have a kid who is two and half yrs old now....then I agreed to take back and i asked them to withdraw the cases and only then i will take her back..but I was pressureside that the cases will be withdrawn once I take my wife back...then with in 3 to 4days...I found something fishy and gott to know that gold worth of 50gms was missing from my almirah and when I asked my wife she intially denied and then on sixth day she left my house and told me to claim the kid in court and also she has the gold which went missing....its being almost 10months now, and two days back a got a crpc 125 notice from court.....

Vicky (c)     28 March 2011


It is bound to happen......they never change

OneHelpLessHusband (SELF)     29 March 2011

@All Learned Man,

First Question: What is a Man's real motive to take back a woman who has filed a 498A against you?


1. If by taking back your errant wife t is to ensure that the Police / IO files a B Report and kills the investigation or similar motive, do remember you are sitting on a tiger.

Remember onething, it is easier for a man to live single in the society than for any woman. Do consider that.


2. Emotional Angle -etc, do CYA (i.e. Cover your A**) through proper legal mesaures / affidavites etc, but remember a errant woman is like a loose cannon. You might inform your current city police for all of the negotiations etc, but what about Police in her home town/state, or for the matter any other metro city since you cannot cover all possible Police station.


IMHO- Ditch her since life is too short to live in fear of what she might do next. For the custody of your son, take appropriate legal angle.





PS - I am sure that 125 is going to follow you soon along with DV Act, keep looking around

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