• Withdrawal of 498(a), 3 & 4 DP Act

Hi All,

I got married under Muslim personal law and after couple of years of My marriage due to some valid reason I divorce(Given TALAAQ) My wife. After couple of months after divorce she filed a complaint against Me, My parents and other family members and F.I.R with 498(a) , 3 & 4 DP Act has been registered.
Now after an year of the F.I.R registered she approached me( also she did not want to fight any case) and wanted to withdraw the complaint/F.I.R with 498(a) , 3 & 4 DP Act on the basis of compromise/mutual agreement.

Charge sheet for above F.I.R has not been submitted yet, also I lives abroad and not present when the F.IR registered initially, Have support from her to follow any process to get the case withdraw.

Can you please advise:
1) How to Withdrawal 498(a) , 3 & 4 DP Act in My case
2) What are the options available to withdraw this case
3) In case of charge sheet is filed what is the process to withdraw it
4) Any other process apart from withdrawal to come out of this case
Asked 4 months ago in Family Law from United States
Religion: Muslim
1. Charge leveled against section 498A of IPC is non compoundable i.e. can not be withdrawn by the Complainant. The said FIR shall have to be quashed by filing a quash petition u/s482 of Cr.P.C. before the High court,

2. First arrange for a MOU executed  by both of you and then ask her to depose before the High Court during the hearing of your Quash petition that she had lodged the police complaint out of rage during a domestic quarrel and that both of you now resolved your differences and executed a MOU,

3.Calcutta High Court will not entertain any Quash Petition before the Charge Sheet has been filed. Charge Sheet can not be withdrawn. The FIR can be quashed by filing the Quash Petition as advised above.  
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
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1. It cannot be withdrawn as it is non-compoundable, but if there is a positive agreement to discontinue then you may together move the High Court for the quashing of FIR.

2. If the chargesheet is filed then even the HC may not listen to you, 
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
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on basis of settlement arrived at move HC for quashing of the case 

2) HC would quash the 498A complaint under section 482 of Cr PC 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
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If chargesheet is not submitted ask police to file cancellation.
Once charge sheet is filed there is no way other then through the order of the court.
Yea u can also file enquiry to high officials of police and in report they can do something. 
For further detailed guidance contact me
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
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1. She file affidavit with police seeking withdrawal of her allegation on which basis the police can file Final Report closing the case.
She can withdraw the DV case from court.
2.  Same as above.
3. You have to get the case quashed from high court on mutual consent.
4. File a petition for mutual divorce containing the terms of divorce as above.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Concerned,

You care not needed to withdraw the case even if any settlement need to be signed then too - DO NOT COME TO INDIA till this case is sorted ...this might be a strategy of your wife to get your arrested, as the Investigating office might have taken NBW from the court saying you are not cooperating in the investigation. 

a) the case can be withdrawn only when she gives and affidavit in the court saying she has filed the case due to pressure from family and do not want to pursue. 

b) answered in point a 

c) without compete investigation charge sheet can not be filed and post that again she will have to give the affidavot although it would be difficult as there would be some documents that IO would have collected.

d) Go to Highcourt concerned in quashing of the FIR , take an affidavit from the wife saying she has worgly filed a complaint. (Fastest and easiest) 

Best of Luck
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Can you please advise:
1) How to Withdrawal 498(a) , 3 & 4 DP Act in My case

Once a FIR is registered then it cannot be withdrawn by the defacto complainant.
The accused can approach high court for quash of FIR in which she can file an affidavit expressing her no objection to his petition, by which the high court may consider quashing the FIR, to dispose the case.

2) What are the options available to withdraw this case

As mentioned above.



3) In case of charge sheet is filed what is the process to withdraw it

The answer to first question applies to this too



4) Any other process apart from withdrawal to come out of this case

The other process is that during trial of the case she can turn hostile witness by which the court will acquit the accused.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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