Vijayalakshmi (PM) 10 April 2014

Want to withdraw my 498a case

Sorry for the repeat. I posted this under Criminal Law. But, not sure if it belongs to Criminal or Family. Hence, reposting here also:

Hi,

I filed a 498a case against my husband when he filed 5 cases against me and seized all the property on my name. The case came to hearing after 4 years now. But, I moved to US with my three children and he is in India attending every court session for this 498a case and also the 5 cases he filed. [Some of you would already know me since I discussed this issue earlier in this forum].

Recently, we both have come to an agreement and signed an agreement document. Based on the agreement, he is withdrawing all the 5 cases he filed against me. I should now withdraw my 498a case against him. Can you please advice me on the procedure to do it?

Some of the facts are: My husband and myself are US citizens and our 3 children are also US citizens [born here in US]. We were in India from 2006-2013. I filed this 498a case against my husband, his brother and his wife in 2010 at Hyderabad. An arrest warrant was issued against my husband. But, he took an anticipatory bail and never got arrested. The case automatically came for hearing this year. I moved to US in 2013 with my children and am now settled here. I've given my GPA to my father.

My question - What is the procedure of withdrawing my 498a case? Should I appear in high court in person or can my GPA represent me? How long will it generally take for the case to be dismissed and for the arrest warrant to be canceled?

Thanks

Vijji

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6 Replies

Sudhir Kumar, Advocate (Advocate) 10 April 2014

you said

[Some of you would already know me since I discussed this issue earlier in this forum]

why do you thing that experts remember each and every query and they will remmber even if you do not indicate details of past threads.

Sudhir Kumar, Advocate (Advocate) 10 April 2014

repeated

https://www.lawyersclubindia.com/forum/details.asp?mod_id=100591&offset=0#.U0YpxqI1g49

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 April 2014

repeated query

Shantanu Wavhal (Worker) 10 April 2014

Attached File : 720670379 order sheet 494.jpg downloaded: 129 times

Shantanu Wavhal (Worker) 10 April 2014

1 Like

T. Kalaiselvan, Advocate (Advocate) 11 April 2014

@ Vijayalakshmi: If you want to withdraw the case, you have to give a formal application to that effect and step into the witness and turn hostile, after which in a formal evidence deposition by IO, the judge will dispose the case by acquitting the accused. The POA has nothing to do with this. On a prior arrangement you can dash into the court for the formality and after your evidence deposition, you can get out of he case on the same day.