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Arjun (SS)     08 June 2025

Seeking clarity after a false 498a fir

Last year, just two months into our marriage, my wife left me. She later admitted she had been forced into the marriage and was emotionally entangled in a decade-long previous relationship. Our marriage was never consummated. Initially, her family agreed to a mutual divorce. However, some time later, they unexpectedly filed a false FIR under Section 498A, accusing me and my family of dowry harassment.

Eventually, we resolved the matter privately, and her father agreed to withdraw the false charges. Despite this verbal assurance, no action has been taken from their side to get the FIR quashed. We continue to receive calls from the police station, asking us to come in for station bail, under the threat of arrest.

We’ve repeatedly informed the police that the matter has been settled amicably and that her father admitted the allegations were baseless. Still, the pressure persists, raising concerns that they may be attempting to extort money.

  • What is the procedure for withdrawing or quashing an FIR under Section 498A once the matter is settled? What steps should the girl’s father take to legally close this case?
  • What is the expected timeline for such withdrawals? It’s been over two weeks since he claimed he would act on it, but there has been no progress.
  • Is there a time limit before which we must approach the police for bail or intervention?
    Since the FIR was filed over a month ago, I want to understand our legal obligations and deadlines.
  • Are there precautions I or my family should take in light of these false allegations?
    We’re unsure if the girl’s father has other intentions, and we want to be legally and mentally prepared.


 7 Replies

Manohar Muthusamy   09 June 2025

If FIR is  filled  the  matter  has to be  solved  in court  only 

There is  no amicable

Appear  police station  with  your  lawyer  and  tell them  nothing  wrong  in your  side  and  ready to  face  legally. 

Police  cannot  arrest  without  primafacie  evidence  

They have to  follow  the  Supreme Court  guidelines  in 498a cases.

Usually 

Police  will  threat  and  try to extort  money  from  you

At present  you require  boldness and  a good  lawyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     09 June 2025

You can file a petition before high court to quash the FIR with an affidavit filed by the defacto complainant expressing no objection on the basis of compromise settlement.

Since it is non compoundable offence, she cannot withdraw the complaint once the FIR is registered.

 

Advocate Bhartesh goyal (advocate)     09 June 2025

Supreme Court has held that police will conduct preliminary investigation  before arrest of accused  under offence sec 498A of IPC also use the mandate of sèc 41A of Cr.P.C.Since the offence is non compoundable so complaint can not be withdrawn on arrival of settlement between parties.Better file petition for quashing FIR with no objection of complainant. 

R.K Nanda (Advocate)     09 June 2025

Take help of local lawyer for proper legal guidance. 

Dr. J C Vashista (Advocate )     10 June 2025

Same query has already been repeated and replied number of times, some of them are:

posted a new topic in forum Seeking clarity after a false 498a fir

replied to a topic in forum False dowry allegations and non-consummated marriage 

replied to a topic in forum False dowry allegations and non-consummated marriage 

posted a new topic in forum False dowry allegations and non-consummated marriage 

replied to a topic in forum Adultery in the first year of marriage

 posted a new topic in forum Adultery in the first year of marriage

replied to a topic in forum Guidance needed: handling divorce in a new marriage 

replied to a topic in forum Guidance needed: handling divorce in a new marriage 

posted a new topic in forum Guidance needed: handling divorce in a new marriage

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=1066799

Repitition of same query shall not change the opinion and advise of experts. However, repitition is absurd and ridiculous.

If you are dissatified with the obligation of experts, it is better to consult and engage a local prudent lawyer. 

Arjun (SS)     12 June 2025

They have shared an affidavit with us in which the girl states that she had filed a false case against me and is now requesting the police to allow her to withdraw it. According to my lawyer, the police have acted on this request and withdrawn the case. He mentioned that the DSP has approved the withdrawal and that a confirmation letter has been issued, though he has not shared a copy of this letter with us.

My lawyer is now advising that I can proceed with exchanging items, signing the divorce papers, and handing over half the agreed-upon amount in the form of a Demand Draft (DD).

I have a few concerns and questions:

  1. Is it legally possible to cancel an FIR if the complainant submits an affidavit stating it was false and the DSP approves it?

  2. When I checked the FIR status on the official portal (citizen.appolice.gov.in), it still shows "Under Investigation". Does this mean the case has not been officially closed, or could it just be a delay in updating the system?

  3. Is it safe to provide half the settlement amount via DD at the time of signing the divorce papers? I would prefer to do this during the first court hearing, but my lawyer insists it can be done now.

Lastly, when I ask these questions, my lawyer does not provide clear answers and simply reassures me that “nothing will happen” and that he will take care of everything. I’m unsure if this is the right approach and would appreciate a more transparent explanation. Is my lawyer's advice reliable in this situation?


Attached File : 1066799 20250612232501 affadvit.pdf downloaded: 22 times

T. Kalaiselvan, Advocate (Advocate)     13 June 2025

There is reliability on the words of your lawyer in this regard.

The police cannot cancel an FIR based solely on the words of a DSP. The cancellation of an FIR requires a Magistrate's approval, not a police officer's, even if the police investigation suggests no crime was committed. 

After completing their investigation, the police must submit a final report to the Magistrate, and the Magistrate must accept it for the FIR to be considered cancelled. 

The final report is then submitted to the Magistrate for approval. 

The Magistrate reviews the report and decides whether to accept it, which effectively cancels the FIR, or to reject it, meaning the case proceeds. 

The Officer-in-Charge of a Police Station, or any other senior police officer, does not have the authority to cancel an FIR independently. 

You were advised to change the lawyer and not to pay any amount either by DD or by any mode now itself.

You can decide abvout any payment at the time of filing the divorce case on the grounds of mutual consent and not now.

Your lawyer appears not to act on your interest hence you nmay decide to not to believe your lawyer anymore.


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