LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

DITAL (LAWYER)     22 March 2015

Mutual 498a

i know 498a of ipc is non compoundable 

my query is  both the party are ready for settlement  what happens if the complainant says that she doesnt want to proceed the matter and done want to depose anything 

what to do 

i dont want to go to hc as it will take too much time

what is the fast way to get from 498A


 8 Replies

saravanan s (legal advisor)     22 March 2015

you can work out a compromise deed and  both should be present in the court and ask for withdrawal of case

DITAL (LAWYER)     23 March 2015

Ok....Thank you... can u help me with format of comprise deed... it just on stamp paper? Once we file that in court .....judge will reject the application. .. Then what will be next By saying that she doesn't want to proceed with matter .... She will be declared hostile


UR lawyer will draft it. How do expect  the judge will refuse it.Both of U be present in the court and settle the matter.

T. Kalaiselvan, Advocate (Advocate)     25 March 2015

It cannot be withdrawn that way even if the compromise has been arrived.  The defacto complainant has to step into witness box, should become a hostile witness on the basis of a memo already filed before the court through APP informing the compromise solution, then the IO will be formally examined after which on the basis of recommendations of APP, the court will acquit the accused.

1 Like

Adv k . mahesh (advocate)     26 March 2015

at what stage is your 498a is 

because if police have not got any evidences and finally filing the charge sheet normally you will be coming out on merits if the stage is charge sheet stage and recently 498a is filed then compromise memo has to be filed and what all the terms and conditions were came at should be mentioned and court will order the same 

DITAL (LAWYER)     26 March 2015



Adv. Chandrasekhar (Advocate)     26 March 2015

The trial court after charge sheet does not have power to quash the charge sheet without taking evidence.  If wife steps in witness box and turns hostile, then the accused counsel put a prayer that as the material witness has turned hostile, there is no scope of conviction, then judge may acquit the husband for want of prosecution evidence.  But it is in the discretion of the Magistrate.  By the way, who sait it would take a lot of time in H.C. to get S.498-A quashed.  It would take only two dates and the court would quash it, after taking the wife's statement on oath in open court. 

T. Kalaiselvan, Advocate (Advocate)     27 March 2015

Yes, you could have taken up the matter with high court or quash since the wife is cooperating to it, if your lawyer is not giving proper advise, change the lawyer ad look for the one who will guide you properly.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register