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Prasad   13 April 2019

Procedure to withdraw 498a and 3 & 4 dp

Good Evening,

My wife filed 498A 3 & 4 DP ACT, DVC and MC in Telangana. Now we have decided to take Mutual Concent Divorse. Now she is willing to withdraw all the cases. I have done some ground work.

     1. DVC and MC can be withdrawn at the lower court by filing the petition along with MOU.

     2. When it comes to 498A 3 & 4 DP ACT, i am hearing a lot of different views.

            a. It can be withdrawn in lok adalat ONLY in Telangana and AP as these two states consider 498A as compoundable, but                    not 3 & 4 DP ACT.

            b. Someone says it can only be quashed in HC under 482 and lokadalat doesnt have that right.

 Can someone please help me in enlighting the procedures to withdraw cases.

 



Learning

 3 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     14 April 2019

Sir,

 

FIR can only be quashed and no other way. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 April 2019

As per the latest judgement of the supreme court in Social Action Forum for Manav Adhikar and another VERSUS Union of India Ministry of Law and Justice and others Fir under 498A can be quashed only by the high court. I advice you to first enter into a MOU and go for the quash of FIR. Later you may ask to withdraw the pending cases of DVC, MC and file MCD. First enter into MOU drafted by a Good criminal lawyer before your wife changes her mind. Later go for quashing 498A and DP 3&4 as advised..... Regards Subramanyam ADVOCATE HIGH COURT OF TELANGANA

pankaj verma   15 April 2019

can it be resolved u/s 321 if the wife has divorced and remarried..?

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