Procedure to take 498A case back by wife

there are two ways to take the case back as chargesheet is not filed. Your wife would need to give a statement in the police station that she wants to take back her complaint as you have entered into a compromise in that case the police would file a B report and the case would end.

The better alternative is to file a Quashing of FIR case in HC and your wife would give a statement that compromise has been reached and teh HC will quash the FIR.

The flaw in first alternative is that the police cannot be trusted they even after getting the statement from wife sometimes file a chargesheet instead of B report that results in realising later that the case is still on as you get the summons from the trial court after a year or so.

Thanks Mithilesh,

there is no compromise between us as far as the seperation is concerned. The petition for divorce is still in the DC. I do not want to go back to the marital relationship again, however, she has agreed to take up the divorce case in the family court and hence has agreed to take back the criminal case (Dowry case filed by her under 498a).

will she be still able to take it back by giving a statement in the police station. That would relieve me 80% of the tension.

waiting for the reply, please give suggestion.

yes the police can file a B report on the basis of wifes statement that she dont want to persue the case and she has entered a compromise but the question here is that unles s the police file the B report you cannot be sure that the case is taken back So if you can get the statement delivered and can follow up and able to ascertain that police has filed a B report in court then the case would end.

Thanks Mithilesh... Really helpful.

the section I think should be 498 A and 406 am sure not 498 all sections i.e. 498 A, 406 and 506 are compoundable. your wife can give her statement in courts that she does not want to proceed with the case and that you both have decided to file a case for divorce u/s 13-B (You both get divorced through mutual consent)

yes even without divorce compromise she can give application in police stn about it, keep a copy in ur record too and if still police files FIR go for quash and also file FIR against IO who files FIR in such a cse and give him a good treatment. case can be quashed later too, but keep proofs of delivery of this application to PS in ur custody.

sir,

your matter is so simple first you file Criminal petition u/s 482 before the HC and in the said matter you submit to court to and convince the court to you both husband and wife are ready to live together and when the matter is setteled outside the court then your wife and both appear before the court and file joint compromise memo and signed then the proceedings are quased as per law

The answer given by my learned friend lingraj is correct to solve your problem