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How many days it takes to withdraw 498a case ?


17-Jul-2024 (In Criminal Law)
My wife is willing to withdraw 498a/406 Case against me as we have made an agreement where I am ready for MCD and she will appeal to judge to withdraw 498a aganist me. My question is can 498a case be withdrawn ? and how much time or what is the process judge will take to complete 498a withdrawn activity ? And what is the process?
Answers (6)

Answer #1
416 votes

In India, there are different ways to withdraw a criminal case depending on the stage of the case and the provision of law under which the withdrawal is sought.

  1. Withdrawing a complaint:
    If a complainant wishes to withdraw the complaint before a final order is passed in the case, he/she can approach the Magistrate with sufficient grounds for withdrawing the complaint under Section 257 of the Criminal Procedure Code (CrPC). The Magistrate may permit the withdrawal of the complaint if he is satisfied with the grounds mentioned and will acquit the accused against whom the complaint has been withdrawn.

  2. Withdrawing from prosecution:
    If the Public Prosecutor or Assistant Public Prosecutor in charge of a case wishes to withdraw from the prosecution of any person before the judgment is pronounced, he/she can approach the Court under Section 321 of the CrPC. The Court may grant its consent to the withdrawal after verifying the grounds for the same.


It is important to note that the withdrawal of a criminal case is subject to the discretion of the Court, and the Court may deny the withdrawal if it is of the opinion that it is not in the interest of justice. In both cases, the time taken for the withdrawal process cannot be accurately estimated as it depends on various factors such as the complexity of the case, the number of accused, the stage of the trial, and the workload of the court.�

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
825 votes
At first you have to file a petition regarding compromise of the instant case along with affidavit and after chargesheet of the instant case, charge will be held and after your charge evidence of your wife will be held and at the time of evidence of your wife your wife be First questioned by the public prosecutor where your wife have to say that she wants to withdraw the case on the ground of compromise and then you will re examined by your lawyer and on next date judgement will be pronounced after 313 of Cr. P. C
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Advocate Arijit Chatterjee

Adv. Arijit Chatterjee

LawRato Kolkata | 25+ Answers
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Answer #3
915 votes
In lower court, it may take long time. You can enter into an Agreement with your wife and file an Application under section 483 Cr. P. C in the Honourable High Court for quashing. After a small formalities, court will direct lower court for quashing. It may take minimum of 2 months.
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Advocate Sushil Kumar Agarwal

Adv. Sushil Kumar Agarwal

LawRatoKolkata | 5+ Answers
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Answer #4
670 votes
Consult with your conducting Lawyer he tells you every thing regarding withdrawal procedure. Moreover, usually there is no heard and fast rule relating to the Time as you asked, regarding withdrawn a Case, if it is compounding under section 320 of Cr. P.C. In a single day the case will be withdrawal.
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Advocate Sanjoy Acharjee

Adv. Sanjoy Acharjee

LawRatoJalpaiguri | 400+ Answers
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Answer #5
609 votes
your wife is willing to withdraw 498a/406 Case against you and have made agreement with you with that effect between you and if charge sheet is submitted by police then it will take 2-3 date for completion and for MCD it required 180 days .
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Advocate Sanjoy Kumar Guha

Adv. Sanjoy Kumar Guha

LawRatoDurgapur | 25+ Answers
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Answer #6
561 votes
If the charge is framed already then you should talk to your advocate and he will guide you accordingly. It depends on the dates provided by the concerned court. I hope that I have made it clear to you.
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Advocate Bandhupriya Dey

Adv. Bandhupriya Dey

LawRatoMurshidabad | 25+ Answers
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