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Can 498a case continue after divorce ?


17-Jul-2024 (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 ipc 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.
Answers (6)

Short remedies: ask the Magistrate to acquit the accused for non-appearance or permit withdrawal of the complaint (BNSS ss.279'280); if the Magistrate does not act, move the High Court under its inherent jurisdiction to quash the FIR/complaint in view of settled precedents where courts quashed matrimonial 498A proceedings after settlement (B.S. Joshi; Manoj Sharma); and consider filing a criminal complaint for furnishing false information under the Bharatiya Nyaya Sanhita if there is deliberate falsehood. Authorities: High Court quashing in matrimonial settlements -B.S. Joshi v. State of Haryana (2003) [https://www.latestlaws.com/latest-caselaw/2003/march/2003-latest-caselaw-169-sc/], Manoj Sharma v. State (Manoj Sharma jurisprudence) [https://indiankanoon.org/doc/1157676/]; Magistrate powers to acquit for non-appearance and withdraw complaint -BNSS ss.279'280 [https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf]; offence of giving false information -BNS s.240 [https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf]; arrest/summons safeguards (if police action arises) -Arnesh Kumar v. State of Bihar (2014) [https://indiankanoon.org/doc/147520973/].

Answer #1
431 votes

Yes, a 498A case (dowry harassment case) can be withdrawn, but the process is not automatic. It requires the wife?s consent and approval from the High Court. Usually, this happens when both parties reach a mutual settlement. In such cases, a petition to quash the FIR is filed under Section 482 of the Criminal Procedure Code in the High Court.

A wife can also file a 498A case even after divorce, but only for incidents that took place during the marriage. Anything that happened after the divorce is not covered under this section. Courts have clarified that a divorced woman can still file a 498A complaint if the cruelty or harassment happened when the marriage was still legally valid.

However, if both parties settle their issues amicably, the case under Section 498A can be quashed. The Supreme Court has stated that if a mutual settlement is reached, especially in matrimonial disputes, the criminal case should not continue further.

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Advocate Chikirsha Mohanty

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Answer #2
618 votes
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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Advocate Aveek Bose

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Answer #3
992 votes
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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Advocate Diptiman Pal

Adv. Diptiman Pal

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Answer #4
541 votes
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.
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Advocate Dhrubaraj Bhowmik

Adv. Dhrubaraj Bhowmik

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Answer #5
916 votes
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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Advocate Subhankar Sanyal

Adv. Subhankar Sanyal

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Answer #6
897 votes
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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Advocate Debasis Mitra

Adv. Debasis Mitra

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