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Dany   13 June 2022

Withdrawal of 498a

Hi, Below is the brief of issue. Kindly advice. Thanks.

My husband and inlaw forced me to bring money to pay their loans and I denied that. They started fight and then we separated. I didnt put any case in court thinking once matter go to court then reunion will be difficult. Later after 4 years, my husband filed divorce case then i filed 498a. Later, we settled divorce mutually in court in 2016. Now, police called me for case 498a case but I live in abroad. As we mutually settled case and also agreed that we wont interfere in each other's life in future, I want to withdraw 498a now. Please guide me on following.

1) Process to withdraw case.

2) If I withdraw then can my ex-husband take any advantage of it and hurt me?

 



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 2 Replies

Sravika Reddy Kohir   13 June 2022

Hello Dany, I acknowledge your question. Answering to your first query to withdraw the complaint filed under Section 498a, you need to get it quashed from the High Court of Jurisdiction. Under section 482 of CrPC you can apply for a joint petition to quash the case or your husband has to do the same and thereby you have to file an affidavit before the high court expressing your reasons and no objection towards quashing of FIR and chargesheet that have been filed. The High Court shall there by looking into the facts and circumstances declare the judgement. The next question, it is up to you to withdraw the respective complaint. You cannot further after the divorce again file a complaint under Section 498a as mentioned in the below precedent.

B’Mohammad Miyan vs The State of Uttar Pradesh 2018

“The Supreme Court has ruled that if the complaint is lodged long after the divorce, the litigation under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961 is not sustainable.”

Such complaint shall not also stand by when the same would be called out for cross examination in the trial.

You can always take the remedy of injunction against that person if any threat persists later on.

I hope I answered your query, if you have any further query do drop here.

Have a good day.

Dany   19 July 2022

Hi Sravika, Thanks for the response. Can I (wife) alone can apply for 482? If I apply then can my husband take advantage of this and put defamation case against me? If I dont appear to court for case 498a then can court itself can close it?

Thanks again.


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