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How much time it takes to withdraw case


06-Jun-2023 (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 My question is how much time or what is the process judge will take to complete 498a withdrawn activity ? And what is the process?
Answers (8)

Answer #1
204 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complaint if he is satisfied with the grounds mentioned and will acquit the accused against whom the complaint has been withdrawn.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. 


People also ask

Can 498A be withdrawn at police station?

The 498a section of the law is not combinable, so 498a cannot be withdrawn.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.

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.

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.

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?

  
Answer #2
595 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
Answer #3
906 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.

Answer #4
956 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.
Answer #5
992 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 .
Answer #6
989 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.
Answer #7
198 votes
Withdrawing a criminal case, including a 498A case, in India involves a legal process and is subject to certain conditions. Here's a general overview of how to withdraw a criminal case:
  1. Consult with Your Lawyer: If you are the complainant (the one who filed the case) and wish to withdraw it, consult with your lawyer first. Discuss your reasons for wanting to withdraw and assess the implications.
  2. Affidavit for Withdrawal: An affidavit stating your intention to withdraw the case should be prepared. This affidavit should be signed by you and submitted to the court.
  3. Statement in Court: You may be required to appear before the court and state your willingness to withdraw the case. The court will want to ensure that your decision is voluntary and not influenced by coercion.
  4. Consent of the Other Party: If there are multiple parties involved, such as the accused, their consent may be required for withdrawal. In some cases, the court may also consider their objections or opinions.
  5. Court's Discretion: The court has the discretion to allow or deny the withdrawal of a case. The court will consider various factors, including the nature of the case, public interest, and the rights of the accused.
  6. Compensation and Settlement: In some cases, the court may ask for compensation or a settlement between the parties as a condition for withdrawal.
  7. Final Court Order: If the court is satisfied with the withdrawal request and all necessary conditions are met, it will pass a final order allowing the withdrawal of the case. This order formally closes the case.
  8. Release of Accused: If the case is withdrawn, the accused may be released from custody if they are in jail.
It's important to note that the withdrawal of a criminal case is not always guaranteed, and the court will carefully evaluate the circumstances and reasons for withdrawal. Additionally, the process may vary depending on the specific facts of the case and the discretion of the court.
Consulting with an experienced criminal lawyer is crucial when considering the withdrawal of a 498A case or any other criminal case. They can provide legal advice, guide you through the process, and help ensure that all legal requirements are met. The specific time it takes to withdraw a case can vary depending on the court's schedule and other factors.
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Answer #8
375 votes
The police will submit the report once the quash petition is filed. It takes 2-5 hearings for the FIR to be quashed. This can take 10 days up to 3 months. The law is supreme. The law gives equal rights to all people without discrimination.
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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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