Procedure to withdraw case 498A as exparte divorce already obtained

I had filed a 498a in July, 2015 against my husband but the chargesheet was never filed. My ex-husband had already obtained an ex-parte divorce in May 2017. I want to withdraw the 498a without involving my husband. How can I do it?

Answers (2)

238 votes

My advice to you is to contact the concerned Police Officer before whom you have filed the 498A case and see that he files a 'B' Report, since he still has filed the charge sheet and sent it to court.
Failing which you can engage an advocate, furnish the Ex-parte Divorce Order copy and produce the same before the concerned High Court and get the proceeding/FIR/498A case quashed before the high Court- on the grounds that Divorce has been obtained, Charge Sheet not yet filed by the Police inspite of ample time given to them, now you have no intentions of proceeding against your husband so the High Court under the provision of 482 CrPC can quash the case.

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172 votes

Since the offence under Section 498a is a criminal offence, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction. Please mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC and attach written affidavits from all members of your family stating that they have no objection to this withdrawal.

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