• Process to withdraw 498a

Learned members,

Me and my wife have agreed for MCD and to also Withdraw cases against each other.
I want to know the process to Withdraw the 498a case against me and my family.
Kindly guide if any of below options can be utilised, or any other advise you may have.

1) wife gives a written application to police to withdraw the case, police then files a closure report, ( no case diary/chargesheet has been filed yet)

2) I file a discharge petition, wife files a no objection affidavit.

3) Anticipatory bail hearing coming up in high court, can both the parties appear and get case quashed.

4) Petetion for Quashing of FIR under 482 pending for first hearing since past 10 months hence, do not to wait for months for the date , where we can mutually get the case quashed.

5) Is MCD petion with all the agreement terms and conditions once filled be used in the lower court to withdraw the case.

Thanks
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) you have already filed petition for quashing in HC under section 482 of cr pc . I presume wife has filed consent affidavit that she has no objection fir 498A case being quashed

2)make application in HC for short date in view of settlement arrived st between parties .

3) HC would grant short date and 498A case can be quashed

4) in alternative police can file closure report on basis of application made by wife that case has been settled

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. Yes police cna file closure report but police is unlikely to do this .

2. The best option is to file quashing petition by husband in which both husband and wife will file joint petition of compromise and then on the written consent of the wife the high court would quash the case.

3.In anticipatory bail petition hearing the high court has no right to quash the case.

4. Before filing the quashing petition do file 13 B petition and execute a MOU between yourselves.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

You have taken steps to quash the FIR, the delay is a reality, since already 10 months your lawyer should take steps to expedite the matter

This can done by bringing it at the time of anticipatory bail hearing. Usually before bail court will initiate mediation.Once the terms of settlement submitted before high court, court will give sufficient direction regarding existing cases to discharge as per the provisions.

Meanwhile the MCD can be filed.

During the heating of anticipatory bail, the settlement can be done, once the consent terms are complied court will discharge the FIR since you have already filled quash petition.

Now High court holidays are going to start, so before that you should try for the hearing and get the order with the bail order .Generally court will give interim bail ànd instruct to intiàte MCD,once the terms are complied ,after filing of MCD the FIR is quashed.

If parties have settled dispute and decided for Mutual divorce, then the Quash petition is a matter of procedural formality. Once the consent affidavit filed one hearing should be enough to get order in quàsh petition

In your case in the lower court you only have to submit High court order.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1. No. Section 498A of IPC is non compoundable. So, police can not close it based on withdrawal of the complaint by your wife.

2. Get an affidavit from your wife affirming that she had lodged the said complaint out of domestic rage and then submit the same to the police. ask the IO to submit report/charge sheet before the Court at the earliest.

3. After submitting the said affidavit of your wife, you will get the AB from the Court.

4. Finally file a quash petition u/s482 of Cr.p.C. before the High Court duly submitting the said affidavit of your wife who should be present at the court to depose confirming her said affidavit in your favour. Please note that without submission of charge sheet, High court will not entertain the quash petition.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1) wife gives a written application to police to withdraw the case, police then files a closure report, ( no case diary/chargesheet has been filed yet)

Opinion: If police file closure report then the magistrate can accept it and the case disposed off after the statement of complainant.

2) I file a discharge petition, wife files a no objection affidavit.

Opinion: It is depend on the court, if there is no prime facia case made out then court may discharged you otherwise not.

But when there is no charge sheet filed by the police before the court then discharge application is not maintainable before the court.

3) Anticipatory bail hearing coming up in high court, can both the parties appear and get case quashed.

Opinion: if quashing petition is pending before the High Court then based on the compromise the court has power to quashed the FIR and subsequent proceedings pending before the court if any.

4) Petetion for Quashing of FIR under 482 pending for first hearing since past 10 months hence, do not to wait for months for the date , where we can mutually get the case quashed.

Opinion: as above, file an application for urgent hearing before the court and get the matter listed and decision of Court.

5) Is MCD petion with all the agreement terms and conditions once filled be used in the lower court to withdraw the case.

Opinion: No, the lower court has no power to withdraw the 498A case which is based on FIR because this is a non-compoundable case, only HC has power to quashed the same.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. The police can refer charge sheet before the concerned judicial magistrate court with its report stating that there is no truth fond n the complaint and on investigation it was found that she had given false complaint and now she has withdrawn her complaint by a letter in writing, hence it is recommended to close the case.

The court may either send notice to the defacto complainant and decide to close after hearing the defacto complainant or can decide to close the same on the basis of police report.

2. If the charge sheet has been filed then you can file a discharge petition before questioning session is completed.

3. Anticipatory bail hearing is only for that purpose, yo may have to apply afresh for quashing the charge sheet/FIR

4. There is no provision for mutual quash i law.

5. MCD proceedings is different to that of the criminal cases.

498a offence is non-compoundable hence she cannot withdraw the same on an application.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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