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raj   15 June 2016

How to withdraw 498a

Hi Advocates,

I need an advice

My wife filed false  IPC 498A  sec 3,4 dowry prohibition act as per 41 amendement case against me & my family members. 

FIR was filed in police station &  not sure of charge sheet & we got to know case file moved to court.

we have settled  the matter and compromised in police station infront of police officers &  agreed to pay her lumpsum amount & close the matter.

We both parties agreed to file Mutual Divorse case petition in district court in hyderabad. In divorce petition & MOU it is stated that my wife will with draw all the cases & further will not file any case & also she recived settlement for marriage expenses & she will not claim anything further in any meas.

My question is with respect to 498 A sec 34 with drawl :

Since the matter settled at police station,  when we enquired about 498A case with drawl , Police told us that it is in their hands & once they recieve a with drawl letter from my wife, they will be  cancelling the case.

1Q.  my doubt is - if police cancel the case & close the FIR , does it enough ? or shall i ask my wife to file a withdraw petition for 498A in district court .

2 Q what documents should i collect from police or court to keep track of 498A case closure against my family ?

Please help me in detailed avice in 498A withdrawl.

 

 

 

 

 



Learning

 5 Replies

adv.bharat @ PUNE (Lawyer)     15 June 2016

Ur wife need to give written NOC for withdrawal of case.

Consult local lawyer for case with drawal from the court.

 

raj   15 June 2016

Thanks Sir..

Could you please guide me detailed process on how to with draw case in court ? how to do this.

If FIR cancelled in police is not suffice ?

 

Pawan S (Advocate)     15 June 2016

498A is non-compoundable hence can't be withdrawn once filed.

File discharge petition before the trial court under section 239 CRPC. The defacto complainant has to file an affidavit stating non objection to the discharge petition based on the compromise arrived out of court.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 June 2016

I agree with Ekta here.

 

Better file speedy trial. Please see the following link.

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

AMAN KONARK MODI   17 June 2016

NON COMPUNDABLE ACT

STATE IS FIGHT AGAINST ACCUSER TO CURSE THIS EVIL OF DOWRY IN SOCIETY

GIVER AND TAKER BOTH ARE ACCUSED

QUASHING OF FIR ONLY AT HIGH COURT

 

Q. My wife filed a false 498a case against me. Should I only defend myself or should I become offensive?
A. It is said that offense is the best defense. File a case under Cr.P.C. 227 stating that the 498a case filled by your wife is false. If you have
enough proofs, or if she does not have enough proof to substantiate the charges, ask the judge to just dismiss the 498A case as it is a
framed one.
To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom. Below
is a list of counter cases.
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (withdrawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.


Attached File : 356657 20160617104416 457650843 498a women 498a women.pdf, 356657 20160617104432 457650843 a guide to surviving ipc 498a apr 2008ci.pdf downloaded: 204 times

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