• Can a 498a case be withdrawn without husband's consent?

My wife filed two separate cases for DV and 498a case against me and my parents. I never got any notice from the court regarding both the cases. I found the case details online.

The 498a case was shown as CONTESTED-WITHDRAWN.  My question is:  can the 498a case be withdrawn without informing me? Can I file a defamation case for falsely accusing me in 498a? 

The DV case is still pending though.
Asked 11 months ago in Family Law from United States
Religion: Hindu
1) on the basis of wife complaint if charge sheet is filed by the police then trial will go on.  Your wife  have to give your evidence in the court. If charge sheet is not yet filed then  wife can  give a restatement to the police that she  does not  want  to continue the case and  want to withdraw the complaint.  Even she  can say at the time of investigation by the police .  On the basis of your wife statment police will file B report i.e., false report.  

2) wife has with drawn her allegations made in complaint.  if you file defamation case it may take some years for final decision depending upon pendency of court cases in your area and you will incur legal expenses . 
Ajay Sethi
Advocate, Mumbai
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1. Case filed u/s498A of IPC is related to non compoundable offence and can not be withdrawn It can be dismissed/disposed of  being proved to be false or not proved,

2. If the said case has been disposed of for not being proved then you can certainly file a case for filing false complaint/case against you for harassing you.
Krishna Kishore Ganguly
Advocate, Kolkata
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1. Defamation case needs you to be defamed publicly which may not be applicable in the instant case,

2. You can file a case for harassing you by filing false case against you which will be easier for you to prove with the court order dismissing the 498A case. 
Krishna Kishore Ganguly
Advocate, Kolkata
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234 Consultations
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No it cannot be withdrawn as it is not an offence which is permitted to be withdrawn. The online details are misleading more often than not. Be that as it may, you are at liberty to prosecute her for defamation if you can prove that the allegations were manifestly false and the criminal prosecution was launched with the object to harass you. 
Ashish Davessar
Advocate, Jaipur
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The 498a case was shown as CONTESTED-WITHDRAWN.  My question is:  can the 498a case be withdrawn without informing me? Can I file a defamation case for falsely accusing me in 498a? 
498a case is non-compoundable.  The procedure to close this case after the charge sheet has been filed is to file a compromise petition before court and the witness can turn hostile before court after which the court will acquit the accused and the case will be disposed accordingly.  The term what you have mentioned is confusing hence you may enquire about this in the office of the court concerned to get proper details of the disposal of the case. 




Given that the 498a case is disposed as contested- withdrawn,  can I make a defamation case for falsely accusing me in the 498a and DP acts?
Generally a defamation case may not be maintainable in such matrimonial related cases. If there was no case against you then there is no defamation also against you.
Before yo wold like to initiate any such action, just confirm the details from the office of the court concerned about the disposal details of the case to enable you to decide about the referred issue accordingly.
T Kalaiselvan
Advocate, Vellore
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Sice the case is disposed of without merit , no defamation case lies. 
Moreover defamation case does not lie only on the basis of false contents mentioned in the complaint.
Devajyoti Barman
Advocate, Kolkata
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Your wife will  not be able to withdraw the 498A once the FIR lodged other than getting it quashed in the higher court.If the charge sheet is not filed yet by the police then she can give a restatement .According to it they file the report and court  may discharge the case.

Defamation will not stand if you are properly pleaded and prove with cogent evidence .
Ajay N S
Advocate, Ernakulam
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Dear Querist
if 498A case was filed before the court as complaint case then the complainant has right to withdraw the case at any stage of the case without the consent of the husband or any other person.

yes, you may file a defamation case against her before the court within one year either in civil or in criminal or both as you think fit.

in civil court you have to pay Court fee as per your claim and in Criminal case you can not get any money from her.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
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131 Consultations
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