What is the procedure of withdrawal of complaint U/s 498

642 votes

Hi, it is not necessary to engage a government advocate .. She can directly withdraw by her own consent ... The witnesses statement would not be necessary as your wife is the only complainant of the case

Advocate Hemant Chaudhary LawRato

778 votes

Your advocate is misguiding you. The complaint or FIR u/s 498a etc. IPC can be withdrawn or got dismissed by the complainant either by going to the High Court along with the accused husband and getting it quashed by the High Court, or by recording her statement in the trial court where the charge sheet is pending before the Judicial Magistrate. In the statement she can admit her mistake of filling complaint against the husband on the basis of wrong information provided to her and misunderstanding which got resolved between both and for this reason she want to withdraw all charges against him and other accused. As the wife is the main complainant she herself can get the Complaint or FIR quashed or dismissed and no other witnesses required for this process at any court as mentioned above. No government counsel to be appointed by the accused as already public prosecutor appointed by the government. Your advocate is a big cheat and want to pocket money for himself hence giving you all wrong information. Kick him out from services and engage experienced and senior lawyer.

LawRato LawRato

676 votes

dear queries you did not mentioned what type of case is complaint case or state case/police case if complaint case your wife can withdraw the same if state case you may go for quashing before high court

Advocate Azad Singh Marothia LawRato

813 votes

Fastest way is to approach high court for cancellation along with your wife and her statment .

Second is ask tour wife to give statment in court , amd request court to condsider it and let those witness be examinee if official witness nothing will happen and if they are farher mother of your wife they can also give statement . A few adjournment might be given but it will cost less. And the govt advocate fees is the fees for not charging your wife with dalse evidence as before she said you are gulity and now otherwise .

Advocate Pratik Duhan LawRato

677 votes

If it is a case registered on FIR. Then there is no process of withdrawing it. One way is to go to Highcourt and get the FIR quashed on basis of compromise. Other way is your wife and other private witnesses turn hostile that is give the evidence in court in favour of you,for this the government advocate will take money as his duty is to prove the case. He can even get a case registered on the witnesses turning hostile. He is giving u a favour so he will yake the money.

Advocate Vishal Sharma LawRato