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how can i remove my name from a 498A case
17-Jul-2023 (In Criminal Law)
when I was in 10+2 they was involved my name in 498 case ,please suggest how to remove my name from this case
There are so many factors which are sufficient to discharge you from charge of 498A. it can be advised after looking at the charge sheet and all other documents. please feel free to meet personally. if there is no sound evidence against you or charge is not made out, you are entitling to order of discharge.
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Adv. J K Agrawal
Jaipur | 100+ Answers
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What is the time limit for 498A Judgement?
As Section 498-A prescribes a maximum sentence of imprisonment of up to three years in the IPC, a case cannot be filed more than 3 years after the alleged incident. Can a woman who has falsely filed a 498A against her husband be reconciled?
What happens if my wife does not withdrawing 498A after settlement?
Note that the settlement has not been completed yet, as she still hasnt received her full settlement and no divorce was granted by mutual consent. If she still does not withdraw her 498A case, you can file a full quashing on this basis where the high court will quash the case. 4.
Can 498A be withdrawn at police station?
The 498a section of the law is not combinable, so 498a cannot be withdrawn. However, if the husband has filed a Quashing Petition then the wife can submit her consent affidavit which will result in the quashing 498A. This is the best method to withdraw 498a.
How long does 498A take to withdraw?
The 498A cannot be withdrawn. You can either file an annulment report with the police or file a quashing petition only in high court. The 498A can be quashed in the last case maximum within 2 months and two dates if both parties make statements before the trial court, and if the terms of compromise have been met by both parties.
Ur query is incomplete as it does not state the proper particulars and circumstances in which fir was lodged, who lodged the fir what allegation have been levelled, whether u were connected with any incident or allegation in the FIR. At pre trial stage it the investigation officer who is empowered to include the name of accused or any person in the criminal case. U can file a petition under section 482 cr.p.c before high court in whose jurisdiction fir registered praying to quash the fir and stay of further proceeding arising out of fir including arrest.
Opined accordingly.
Opined accordingly.
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Adv. Hemant Taylor
Jaipur | 100+ 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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