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ABDUL HAKIM KUKDA (proprietor)     23 March 2016

Widraw cace of 498a

Hello

There is a case pending in court of 498A now they want to sttlement and want tO withdraw case. How can withdraw the case without second party. Any other alternative possibalities to withraw the same case by first party.



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 2 Replies

ROHIT SHARMA (Legal Advisor )     24 March 2016

1. The offence u/s 498-A I.P.C. is not compundable.

2. As an accused you cannot get the case withdrawn but can file application for discharge.

3. If the complainant is prepared to forgive  and some comepnsation is sought  then the accused can file an application for plea bargaining ( accepting the guilt) u/s 265-B Cr.P.C. then  the matter will be delegated by the court  to be to be resolved with the adjucation of the Public Proecutor and if P.P. opines that the victim has been suitably compensated by the accused then the court may repremand the accused and close the case. 

SAINATH DEVALLA (LEGAL CONSULTANT)     26 March 2016

Nothing more to add than what Mr Rohit has stated.Once a compromise formula has been arrived between both the parties then the complainant can also pray to the court as not pressed.


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