Complainant and 498a

case of 498a file by the wife can only be withdrawned by the complainent i.e wife .

who has advice u that both party is needed for withdarawal of 498a case.

only the wife through following necessary legal proceeding for withdrawal can withdraw the  case.

Suppose the two sides have not reached a compromise or settlement. Despite that, the wife wishes to stop pursuing 498a. Normally, when the wife approaches the HC with an affidavit stating a compromise has been reached, the court quashes the case. But here, there is no compromise, only unwillingness to continue with the case. Under these circumstances, how will quashing or withdrawing be allowed?

Originally posted by : AS
	Suppose the two sides have not reached a compromise or settlement. Despite that, the wife wishes to stop pursuing 498a. Normally, when the wife approaches the HC with an affidavit stating a compromise has been reached, the court quashes the case. But here, there is no compromise, only unwillingness to continue with the case. Under these circumstances, how will quashing or withdrawing be allowed?

The case cannot be withdrawn if the wife is uncooperative. If the wife is not comming for examination or cross, then ask the judge to close her witness statements and proceed. Once the wife witness statements are closed, then the case against you cannot be sustained.

However, you can apporach the same court or file a 482 petition in HC and request the judge for a speedy trial. 

P.S: Your wife is smart. She knows if she comes for cross, her lies will be exposed and she will face perjury proceedings and other counter cases against her. 

Thanks, but the question is this - what if the wife herself wants to withdraw the case due to her unwillingness to continue with it? (even though compromise has not been reached between husband and wife).

I agree with Mr. Q Slinger.

 

If wife wishes to withdraw 498A then also she cannot since it is non-compoundable.  Moreover she may be charged U/S 211 IPC for giving false charge.

 

Please note, withdrawing FIR for non-compoundable offence is also an offence and punishable for impressment.

 

I request all friends that please don’t go for any shot-cut way for coming out from 498A. Please go for speedy trial and get acquittal.

 

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

 

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

 

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

 

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

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko