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If Husband puts application in 498a in High court for quashing and in


15-Aug-2026 (In Criminal Law)
If Husband puts application in 498a in High court for quashing and in next date if wife comes to court and she tells that she wants to withdraw the case then court will give more preference to quashing by husband or withdrawal by wife
Answers (3)

Answer #1
587 votes
If the wife voluntarily wants to withdraw/settle the 498A case, the High Court will consider her statement and the settlement while deciding the husband’s quashing petition. Neither automatically gets preference; the Court will examine the circumstances and may quash the proceedings if the dispute is genuinely settled and continuation would serve no purpose.
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Advocate Riddhi Pratap Bothara

Adv. Riddhi Pratap Bothara

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Answer #2
755 votes
In this case the high court or the other side may ask the other side to file an affidavit that she wants to withdraw the original matter.. because that makes more sense or just put it on the Roznama that the other side ms. So and so present made request to withdraw the 498A.. Depends from court to court and sitting judge
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Advocate Parth S Barot

Adv. Parth S Barot

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Answer #3
901 votes
After the case is withdrawn by wife then only you can ask the high court to pass necessary orders stating that after filing quashing petition case is withdrawn by complainant and produce evidence of the orders passed by lower court High court will pass necessary orders if she comes in court and tells then quashing is preferred
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Advocate M M Shaikh

Adv. M M Shaikh

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