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Patient Fighter (Software Dev)     22 August 2012

Dowry case (498a)- can complainant withdraw the case?

Hi there,


I am an NRI and had to divorce my ex-wife last year after she filing 498a against me. After harassing me and my family members for more than a year she wants to withdraw the case.


I have one child (US citizen) and is currently with me. She filed a chargesheet, currently every accused are out on bail except me. We have been summoned and its time for us to accept the summon. But now she is willing to withdraw the case, is it possible for her to do so without having to go to court-hearings etc?

Since I am in US do I have to go to India to shutdown the case? Any help would be highly appreciated.


Thanks!



Learning

 13 Replies

kvss.prabhakar rao (Advocate )     22 August 2012

SEc 498-A is non compoundable case but some states like Andhra Pradesh the Sec 498A IPC  compundable at any time the case may arive compromise but you did no meniton where the case is pending. consult nearest advocate in your state.

THANKACHAN V P (Advocate & Notary)     22 August 2012

.

No question  of withdrawal  . Either  the prosecution  turn  hostile  in the trial  court  or Approach the high  court  under 482 of criminal  procedure  code

 

ABHISHEK B (Bekaaar)     22 August 2012

I have heard provision, that if both parties file a joint petition in HC, that things have been settled amicably between the two....case can be quashed. Content of the petition is something which even I would like to know.
1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     22 August 2012

Yes she can withdraw her case on the basis of compromise through high court and even you will not be required to visit India.

you may contact us if you want us to handle your case.

Regards

adv.kamal.grover at gmail

JANAK RAJ VATSA (ADVOCATE)     22 August 2012

although the section is non compoundable, but she can withdraw thru the high court.

Vinu (executive)     22 August 2012

it's a useful information.

Patient Fighter (Software Dev)     23 August 2012

Thanks for the responses. Just to answer one of you I am from Hyderabad and would prefer an advocate local to my city.

Never Give Up (Fighter)     23 August 2012

As this link says,

 

https://savefamily.org/index.php?Itemid=80&option=com_content

 

 Non-Compoundable: A non-compoundable case, e.g. Rape, 498A etc, cannot be withdrawn by the petitioner. The exception is in the state of Andhra Pradesh, where 498A was made compoundable.

Aadil (Sales Manager)     27 August 2012

yes it is possible in H.C of A.P under sec. 482

Patient Fighter (Software Dev)     22 September 2012

I am one of those unfortunate persons who is falsely accused in 498a and 406 case. My ex-wife filed 498a in March 2011, I was in India then, so I left to USA a day before she filed 498a. We have a 3yr old son who is a USA citizen and I managed to bring him to US exactly a month later.

She accused all my sisters and aged parents in 498a and later she filed 406 for our son. In both the cases I am accused #1 and all the other accused have bail but since I am in USA I have warrants.Now its time for us to accept the summon. The other party is also thinking about the settlement but itseems they were advised by their lawyer that the settlement cannot happen until the accused1 (i.e. I) comes to India. Is that true?

Can out of court settlement still occur while I have warrants? Can I give my Dad or somebody else the General Power of Attorney and try to close the case?


Thanks for your replies in advance!

kvss.prabhakar rao (Advocate )     23 September 2012

With out your presence no case in criminal side wil be possible to withdraw except in some petty offence where the cases ended with small amount of fine. GPA is applicable in civil cases alone.Since warrent pending against you it must  be recalled first and second file petition to compunding the case that too if it is in Andrha Pradesh. In other state you have no option except face trail ane in case both parties arrived to compromise it will make hostile the case. Significance you must come to India. Before arriving India take all precautionary measures, like settlement with opposit party is in pacca mode. or not otherwise you will face trouble, bail may not grtant becuase of jumping chance.

Patient Fighter (Software Dev)     26 September 2012

Thanks for your response.


(Guest)

Dont come to India ..... it may be another triya-trick to blackmail you once you land in india.


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