• Enquiry about can my wife 498a case withdrawal

I am Vikas & i am separated from my wife from 2009. i have one daughter & i sending money every month for her education. i never meet my daughter after 2010.
She filed 498a case against me & my father in 2009 & i was attending court hearings untill 2012 but after that i living outside india. 
I communicate with my daughter from 2015 & i would like to know can my wife withdrawl 498A case against me & my father?
what is the procedure. According to my daughter she said this case cannot possible to withdrawl. i would like to know your valuable advice
Thanks
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

You have to file petition for quashing of FIR and charge sheet filed in 498 A case 

 

wife can file consent affidavit that she has no objections for FIR and charge sheet being quashed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your wife cannot withdraw the complaint/case filed under section 498A because it is not a compoundable offence. 

You may have to file a quash petition before high court to quash the case under section 482 cr.p.c. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The case cannot be withdrawn by your wife neither you can do anything about it.

You may have to file a petition before high court under section 482 cr.p.c. to quash the case and she has to file an affidavit in person before the high court expressing her  no objection to quash the case, after which the high court at its discretion may quash the case/charge sheet. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If the case is withdrawn by your wife than she will be in trouble and case may go against her.

 

So now here you can go for mutual understanding.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

All cases can be withdrawn. She is not speaking the truth. Where has the case been filed?? Engage a local lawyer and find out.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

That can be withdrawn. The process is simple.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She can't withdraw she needs to go for joint quashing of the same before HC or get the same finished before trial court by getting it compromised in evidence stage

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Compounding of 489A is allowed by High Court. Both the parties have to file a writ under Article 226, not a petition under Section 482 of Code of Criminal Procedure, 1973. Under Code of Criminal Procedure, 1973 High Court has no power to compromise 498A but under inherent jurisdiction invoking Article 226 it can order compounding of 498A between wife and husband.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You can engage local lawyer for filing petition 

 

2) lawyer can send the petition to you for your signature 

 

3) sign the petition and vakalatnama ha r it attested before Indian consulate 

 

4) wife can file the consent affidavit after service of notice 

 

5) HC can quash FIR and charge sheet based in her consent 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your wife cannot file a quash petition,  she's the complainant hence she cannot do it. 

You may have to file a quash petition through a lawyer. 

Your wife should appear before court and Express her no objection in writing in the form of an affidavit before high court supporting your quash petition. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A compromise has to be mutually agreed upon and then reduced un writing.this compromise agreement has to be filed along with the petition in the high court stating that the parties have amicably reached a settlement and hence the HC may quash the fir.

The court will do so.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

1) She cannot withdraw the caee

2) You have to file petition for quashing of FIR under sec 482 CRPC, which is inherent power of high court to give orders in the interest of justice.

3) Your wife will have to provide affidavit that she has no objection to quashing of FIR.

4) You can hire a lawyer who can file petition for you and take care of legal proceedings here, by making formalities such as vakalatnama etc, OR

5) You can make a GPA/SPA in name of any of your relative, who can hire a lawyer and take the proceedings forward in your stead.

Thank you

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- If she is interested to withdraw the  cases filed by her , then you will have to file a quashing petition before the High Court for cancelling the said FIR filed by her . 

-. Further cases can be withdraw from the same court where trail is pending, and approval from High court not required. 

- Your presence at the time of quashing is required , but it can be filed  by your lawyer. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you need to appoint lawyer from both sides for quashing by consent. I can get it filed for you. You can reach out to me on LinkedIn for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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