pujols20 (Techie) 10 April 2011

Process for taking back 498A in Hyderabad after settlement

I am fighting against a false 498a case.

498a is compoundable in AP . The current case in Hyderabad. If settlement talks go fine and agree for mutual divorce filing. Please suggest on the following

1. What is the process for taking back the 498A ?

2. Should husband/wife file for quash petition in AP HC ? or is there any other procedure that can be followed to get it quashed/discharged in the lower/sessions court itself ?

Currently the Charge sheet is done and waiting for the summons/first date in the lower/sessions court.

Kindly advise.

Thanks !

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3 Replies

Tajobsindia (Senior Partner ) 11 April 2011

@ Author

1. AP is the only State in India where S. 498a IPC is compoundable. Means the FIR can be withdrawn by wife on mere application before the Chief Magistrate Court.

2. However make sure that she files and Application for Withdrawing S. 498a IPC charges based on settlement (probably arrived at between you two by now - means annexing the joint signed copy of same) and not quashing it (using S. 482 CrPC before AP State HC). By opting for quash especially in AP State the after effects least she comes back to the same forum the effect is different than withdrawing.

3. Way back if I recall correctly as on 21-04-2010 Mr. S. Umapathi, IG, Ap State Women's Protection Cell, said and I quote him;

"In the State we have made S. 498A IPC a compoundable offence. If the Dowry Prohibition Act is added to it, then it can't be made compoundable and there has to be a trial conducted in a Court of law."

However get this handled by a competent crl. ld. Advocate there and not by a Junior ld. Adv.

pujols20 (Techie) 11 April 2011

Thanks a lot TajajobsIndia Sir for responding.

Can you please elaborate on this "By opting for quash especially in AP State the after effects least she comes back to the same forum the effect is different than withdrawing. "

My understanding is, get the 498 case "Withdrawn" rather than quash from wife. Can you please explain the pros and cons of this as well.

Tajobsindia (Senior Partner ) 11 April 2011

@ Author

ha ha

let me say it in this way

Pros.
1. You are now aware of how to do it
2. Both of you want to do it
3. You want now spoon feeding in a free forum where experts after their busy practice do social service that also free of cost.

Cons.
1. You now need to give business ot a experienced Ld. advocate
2. Let a ld. Advocate handle now the delivery of ladoo that you ate wayback
3. You are destined for a better tomorrow with less legal worries now!

All the best.
BTW: Now go ahead and do some chamber consultation as some of these enquires need to turn commerical otherwise there is nothing that substitutes free gyan......