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498A Case didn't withdraw after mutual Divorce
18-Mar-2023 (In Criminal Law)
We got married in 2007. We have a son (DOB 10.11.2010). We were staying separate since November 2012. In April 2013 she has filled a 498A case. In April 2018 we have got mutual divorce. Our son stays with her mother. at the time of Divorce my wife did a notary where she had mentioned that within next 3 months from the date of Divorce she will withdraw the 498A case (it is mentioned in our divorce paper also that she will withdraw all the pending cases as soon as possible). But even after 11 months of our divorce she didn't take any attempt to withdraw it. She didn't even appear for the 498A case since last 2 years. But I'm giving my Hajira on every date. Kindly suggest me what action can be taken against it.
If your wife does not co- operate to withdraw the 498A case after Mutual consent divorce then you can file a quashing petition before the Hon'ble High Court under section 482 of the CrPC for quash the 498A case based on the conditions mentioned in the MCD .
But without detail discussion and document review proper consult is not possible.
But without detail discussion and document review proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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Can 498A case run after divorce?
The Gujarat High Court ruled on Friday that a woman could file a complaint for cruelty under Section 498A (of the Indian Penal Code) after a divorce, but that only incidents that occurred during the marriage were eligible. 20-Aug-2023
What is quashing 498A before divorce?
Karnataka High Court: 498-A IPC cant be annulled just because it was filed following receipt of divorce notification. The High Court stated that the decision of the Co-ordinate Bench in Naresh Gunderyal v. State, on the same issue, defeated the very purpose of S.498-A IPC and Domestic Violence Act 2005. 07-Jun-2023
On what grounds 498A can be quashed?
The choice is between the accused. If the accused feels that the fir against him is false or that the proceedings in a case have not been conducted fairly, then they can file a quash petition at the high court.
Is mutual consent divorce allowed in 498A?
A divorce that is mutually agreed upon may affect any criminal cases pending, including a case under Section 4988A of the Indian Penal Code. The IPC Section 498A deals with cruelty committed by a man or his family towards a woman who is married.
No action can be taken against it, if you can accept the bitter truth better for you, amicably talk to her and request and beg to withdrwa, to get it out once for all, being a male your ego may come in between, keep that aside and get all withdrawn
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Adv. Aveek Bose
Kolkata | 500+ Answers
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file an application under section 482 of CRPC before The Honorable High Court at Calcutta for quashing The Criminal Case under section 498 a after code of criminal procedure . you will annex the document where it has been mentioned that your wife will withdraw the case after getting divorce .
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Adv. Debasis Mitra
Kolkata | 25+ Answers
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Quashing of FIR in 498a can be filed under crpc 438 in high court and it can be done only before trial starts. Quashing of FIR is a tough matter ! Courts generally are reluctant to interfere at the stage of investigation and only very strong grounds + persuasive arguments can make a bench sit up and taking a 482 matter seriously.
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Adv. Diptiman Pal
Barasat | 200+ Answers
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As you are giving hairs and the petitioner is not coming to the court so in that case you can pray for dismiss the case as the petitioner is no more interested to continue the case on the ground and also divorce has been decree between you and the petitioner. And as it is going for last 2 years
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Adv. Subhankar Sanyal
Kolkata | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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