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Anita (Software)     23 December 2011

Withdraw 498a case process

Dear Members,

What is the process to withdraw 498A case against husband.Botth the parties decided to file MCD and then next day go ahead  to withdraw the case.

1.While filing 498A can they mention that since they have settled the matter and decided to go for MCD and hence want to withdraw the case.

Want to put this clause,coz he cannot turn his back from MCD later on after the 498 case is withdrawn.is it poissible

2.To withdraw 498 A case are the witness necessary to go with the petitioner  for withdraw of case.

KIndly advice....



Learning

 13 Replies

C.NOWSHAD (ADVOCATE)     24 December 2011

make the witnesses hostile... if the witnesses already deposed before the court, then file 311 petition and recall them.., then make them hostile....
 

Sanjeev (Lawyer)     24 December 2011

The case would need to be Quashed from HC basis the settlement. You can document the settlement that has been agreed between you and your husband and then file a Quash petition in HC and the case would be quashed.

MADURAI LAWYER (LEGAL CONSULTANT)     24 December 2011

Dear Mam,

You will have to take steps for filing a petition under S.482 of Criminal Procedure Code before the Jurisdictional High Court for quashment of charge-sheet filed in the S.498 -A proceedings. Witnesses need not be present before the Court . Only parties to the dispute are supposed to be present before the High Court for the purpose of confirmation of the settlement / withdrawal of criminal complaint.

For further clarification, Kindly feel free to discuss the matter with me on 9842197857 or send your details to info@jeevaganadvocate.com

FOR CONTACT:https://www.jeevaganadvocate.com/contact.php

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     24 December 2011

I endorse the above view.

Anita (Software)     24 December 2011

Sir,

FIR was lodged in the local police station for 498 A and the chargesheet is sent to the court  of the local police station.There has been no hearing till date.Its about 4 months has passed.Lawyer is saying to withdraw the case ,witness and the petitioner has to  go to the court where chargesheet has been sent to with draw the case.

                         But as per your advice the quashing needs to be done in High Court which is at a different place.Could you please advice where this can be done.

Can the petitioner attach the MCD  with the withdraw of 498 A file .

Please advice

dipender kumar (advocate)     24 December 2011

Husband has to file the quash petition along with memo of understanding before the High Court and wife has to present there and express her consent for the same.  Then Section 498-A case will be quashed.

dipender, advocatedkarvind17@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Anita which state the case is in

 

Only in AP, the case can be withdrawn/ compounded.

 

In all other states, either the complainant/ witness have to turn hostle/ it need to be quashed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

dipender kumar (advocate)     25 December 2011

Filing quash petition before HC is the correct course.

Turning of complainant / prosecution witness hostile have got their own repercussions.  They are - 1.  have to wait till the court summons complainant / witness to call for evidence.  The prosecution may not put the complainant as first witness in the witness box.  2.  The strict magistrate may ask the prosecution to cross examine the hostile witness and can draw his own inferences.  3.  The magistrate may geet annoyed with hostile witness and may initiate perjury proceedings.  4.  If wife turns hostile and accused husband will be discharged, he has the opportunity to file defamation case against the wife at a future date as a revenge.  So I suggest to go for quash petition before HC. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 December 2011

Dipender,

 

In matrimonial cases, such things are unheard of.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

whizkid ( )     17 April 2013

Please advise on the following case status for withdrawal.

1. 498-A is listed for trial (chargesheet,, filed) in Magistrate court (Andhra Pradesh), but nothing started.

2. A-1 has been abroad even before the case was filed.  Never went to India.

3. Non-Bailable Warrant was issued

The case was filed to coerce into divorce and for fat settlement (like many cases).

The other party is now in favor of compounding/closing the case.

4. The local lawyers, compelling the presence of A-1 for closure of the criminal case.

But, due to the above logjam, we are unable to risk A-1 to be in India as the other party can be unpredictable.

 

Seeking inputs on two points.

1. Can this case at all be closed/compounded without A-1 being in India? (for e.g. Complainant turning hostile, etc.)

2. As per Mr. Shonee's comments above and widely opinionated, 498-A is compoundable in Andhra Pradesh.  That should be applicable under Section 320 Cr. PC.   The modification of section 320 was done under an AP Act in 2003.  But, in 2008, Central Govt appears to have brought another amendment for section 320, which doesn't specify anything about the amendment that AP did.  Do you think, this amendment in AP still applicable now?

Thanks in advance.

whizkid ( )     17 April 2013

Sorry for the inconvenience.  The browser crashed and wasn't clear it was submitted or not.

Please ignore this mesg.

priyanka jaiswal (none)     10 May 2016

Dear experts , Please enlighten me on this below mentioned query: i had filed a case for 498A and 406 and 34 of I.P.C. during the pandency of case my husband snd in-laws wants to compromise. they are ready to return all cash which was demanded as dowry during - before and after the marriage.it is about 765000/-and they are ready to return 825000/- including my litigation expenses.. we had already sign a compromise deed which is clearly mention that when 498a will be close then the D.D. of 825000/- will hand over to me .in present a mediator has kept that D.D..there is only mention about 498a and consented divorce in the compromise deed.. no one talk about my stridhan. so can i request to the court at the time of "gawahi" to recovery of my stridhan or not?? i m from chattigarh state.

i have another question.... compromise deed is not ragisterd ..and my case is on the stage of charge. court has to confirm the charge on accused according to FIR to the very next hearing..

can they approach to high court on the basis of compromise deed? will high court send summon to know my side or not??

sir please suggest me what i do value of my stridhan is 2-3 lacs and i hv some audio clips and pics which is clearly says that they hv my stuff and jewellries .. i dont want alimony i just want my stridhan my family dont fight this case any more they want to my remarriage that's why i m pressurise by them

priyanka jaiswal (none)     10 May 2016

Dear experts , Please enlighten me on this below mentioned query: i had filed a case for 498A and 406 and 34 of I.P.C. during the pandency of case my husband snd in-laws wants to compromise. they are ready to return all cash which was demanded as dowry during - before and after the marriage.it is about 765000/-and they are ready to return 825000/- including my litigation expenses.. we had already sign a compromise deed which is clearly mention that when 498a will be close then the D.D. of 825000/- will hand over to me .in present a mediator has kept that D.D..there is only mention about 498a and consented divorce in the compromise deed.. no one talk about my stridhan. so can i request to the court at the time of "gawahi" to recovery of my stridhan or not?? i m from chattigarh state.

i have another question.... compromise deed is not ragisterd ..and my case is on the stage of charge. court has to confirm the charge on accused according to FIR to the very next hearing..

can they approach to high court on the basis of compromise deed? will high court send summon to know my side or not??

sir please suggest me what i do value of my stridhan is 2-3 lacs and i hv some audio clips and pics which is clearly says that they hv my stuff and jewellries .. i dont want alimony i just want my stridhan my family dont fight this case any more they want to my remarriage that's why i m pressurise by them


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