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can wife withdraw 498a after chargesheet is filed?


Hello Experts,

I had a 498a filed on me and my family members. After the charge sheet is filed, i got a stay from HC (quash petition) for everyone in FIR except me. Now there is a notice from HC issued to wife to appear before HC regarding quashing of proceedings for family members. Now she has agreed for MCD. So i just want to know if she can withdraw the 498a and does court allow it?

thanks in advance.

 
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Lawyer at Supreme Court of India

Sir, 498A is a state case now, she will have to compromise with you and you then will have to file for quashing of the FIR .... Regards Kapil Chandna Adv 9899011450

Total likes : 1 times

 
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She has made same allegations in other cases as well such as Interim Maint.. DV.. and Divorce. (I mean all same petition details with different sections & different demands).. But she is ready to withdraw allegations in these cases so that we go for MCD. Does this help me as a proof in getting 498a quashed?

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

498A is a non-compoundable offence, hence she can't withdraw it.

 

You are misleading by your lawyer. 

 

You should not stay 498A, rather you should pray for Speedy Trial order in HC to get direction to the trial  court to dispose of the matter within 6 months from the communication of the order on priority. Else this trauma will be life long.

 

If possible appear in-person in HC (Without Advocate).

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 
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Once she has agreed for Divorce by Mutual Consent, just sign a memorandum of settlement with her.  

In so far as 498A withdrawal is concerned, once an FIR has been registered and chargesheet filed, she, or for that matter anybody else, cannot withdraw it.  It is difficult that it will be quashed against you.  Therefore enter into a settlement with her, get divorce and then approach High Court with a quashing petition under Section 482 Cr.P.C. when it will be quashed.

 
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LEGAL CONSULTANT

Despite so many citations regarding 498 A, in the forum by the experts, Still I do not believe how the victims get carried away by their lawyers.The process the querist has applied for quash is immature on the part of his lawyer. Pay heed to owhat Yaspalji has mentioned.

 
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she can come for compromise with you and on the basis of the same Hon'ble High COurt will direct the Trial Court to accept the same or the Hon'ble High COurt may also quash the entire criminal proceedings arise out of the dowry case.

 

Plz see below; one of the judgements already passed by the Hon'ble Lucknow High COurt in my case;

 

Court No. - 21

Case :- U/S 482/378/407 No. - 1128 of 2015

Applicant :- Shailendra Sharma @ Shailendra Kumar Sharma @ Shailendra

Opposite Party :- The State Of U.P And Anr.

Counsel for Applicant :- Vijyant Nigam

Counsel for Opposite Party :- Govt. Advocate

Hon'ble Vishnu Chandra Gupta,J.

Counter affidavit filed on behalf of the opposite party no. 2 is taken on record.

Heard learned counsel for the petitioners and learned A.G.A. for the State as

well as Shri Aseem Samant, learned counsel for the opposite party no. 2.

By means of this petition under Section 482 Cr.P.C., the petitioners, namely,

Shailendra Sharma @ Shailendra Kumar Sharma @ Shailendra Nath Sharma,

Dhirendra Nath Sharma and Rashmi Sharma have prayed by quashing the

entire further proceedings of Criminal Case No. 2757 of 2011, arising out of

Case Crime No. 500 of 2010, under Sections 498A, 323, 506 I.P.C. and 3/4

D.P. Act, Police Station Thakurganj, District- Lucknow pending in the Court

of learned Special Additional Chief Judicial Magistrate, CBI (A.P.),

Lucknow.

It is not in dispute that the parties have entered into compromise in this

matrimonial dispute and the other litigation has come to an end in pursuance

of the compromise arrived at.

In view of above, the petition is finally disposed of with direction to the

parties to file the compromise within one month from today before the trial

Court. In case, the compromise is filed by the parties within the aforesaid

period the trial Court shall proceed to accept the same after due verification

irrespective of the fact that some of the offences are non compoundable.

Till the proceedings of compromise are over, the accused-petitioners shall not

be compelled to get them bailed out.

Order Date :- 30.3.2015

R.K.P.

 

you may check the same on High  COurt website

Regards

vijyant

 
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Dear Rockey Smith

Hon'ble Supreme Court also in a recent judgement also passed similar order i have the copies...

 
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Plz see below another case decided by the Lucknow High Court in another 498A case;

Quashing of criminal / Dowry case on the basis of compromise between husband and wife;

eLegalix - Allahabad High Court Judgment Information System (Judgment/Order in Text Format)


 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Deputy Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 6 
Case :- U/S 482/378/407 No. - 5082 of 2014 
Applicant :- Smt. Shahjahan And Ors. 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- Rahul Mishra 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Shabihul Hasnain,J. 
Heard Sri Rahul Mishra, learned counsel for the applicants, who has moved an application for correction in the memo of petition/application to the extent that petitioner No.-1 Smt. Shahjahan may be allowed to be read as opposite party No.2. He has submitted that due to typographical error complainant Smt. Shahjahan has been arrayed as petitioner No.1 while she should be arrayed as opposite party No.2. 
The cause shown is sufficient. The application is allowed. Petitioner No.1-Smt. Shahjahan, who is complainant in the case shall be allowed to be read/arrayed as opposite party No.2. Let the correction be carried out during the course of the day. 
Mr. Anees-husband as well as Smt. Shahjahan-wife are present in the Court. They have been identified by counsel for the petitioners Mr. Rahul Mishra. It has been submitted that it is matrimonial dispute and both the parties have entered into a compromise. Copy of the compromise has been annexed as annexure No.3 on page No.16 of this petition. The parties have made a statement before this Court that they have resolved their dispute amicably and they do not want to litigate their matter. 
On examination, it appears that the issue involved are petty in nature. It will not be advisable to continue with the litigation and further proceedings nor will it serve the ends of justice. Accordingly, this Court comes to the conclusion that compromise may be accepted. It is hereby accepted. 
The proceedings of criminal case arising out of FIR No.168/2013 as well as its consequential proceedings in criminal case No.1964/2013 under Sections-498-A, 323 IPC and 3/4 D.P.Act, P.S.-Mohanlalganj, District Lucknow pending in the court of Special Chief Judicial Magistrate, Custom, Lucknow are hereby quashed. The petition is disposed of. 
Order Date :- 26.11.2014/RKM. 

 

 

 

Visit http://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do for more Judgments/Orders delivered at Allahabad High Court and Its Bench at Lucknow.Disclaimer

 
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Your wife will not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court.
 
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