Dowry 498A Case can be withdrawn or Quashd in high court

Question

Dowry 498A Case can be withdrawn or Quashd in high court

19-Feb-2024 (In Divorce Law)

In Divorce case girl side are accepting for mutual consent for money and they also filed 498A dowry case also. If compromise 498A case should be withdrawn by showing family court order OR I have to Quashd in high court. Which is better

Answers (3)

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Advocate S.K Prabhakar Shetty LawRato · Accepted Answer · 2024-02-19T13:00:40+05:30

Answer #1

Dowry harassment case can be withdrawn even in the trial court, . if wife side is willing , a divorce by mutual concent can de filed in family court. you have to discuss with the public prosecutor for withdrawing of the dowry harassment case in Magistrate court.

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Advocate Somashekar S. M. LawRato · Accepted Answer · 2024-02-19T20:20:16+05:30

Answer #2

no need to go before you sign in the settlement agreement in family court you withdraw the 498a case and come family court otherwise even when you mentioned condition to withdraw the case some time judge not accepting or once settle the matter in family and same day go hostel the witness that day itself otherwise you have go for High court any further information cal

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2024-02-20T11:18:03+05:30

Answer #3

Dear Sir, You should not compromise DIvorce case unless your wife withdraws 498A of IPC case. There is a big procedure if charges are framed because witness are to be examined and turn hostile. If charges are framed you cannot even go to High Court for quashing. Never give full amount of alimony before closure of the Criminal case otherwise you will be in trouble.

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