How can I withdraw dowry and DV cases from magistrate court

709 votes

As your advocate, I would advise that the course of action depends upon the nature and stage of the proceedings already initiated. Merely because you now feel that you were misadvised by your lawyer does not automatically result in the withdrawal of the cases. If a complaint under Section 498A IPC (now corresponding provisions under the Bharatiya Nyaya Sanhita, wherever applicable) and other dowry-related offences has been registered and an FIR has been lodged, such offences are generally non-compoundable. In such circumstances, if you and your husband have amicably resolved the matrimonial dispute, a settlement deed may be executed and a joint petition can be filed before the High Court under Section 528 BNSS (earlier Section 482 CrPC) seeking quashing of the FIR and all consequential proceedings on the basis of compromise. In respect of proceedings under the Protection of Women from Domestic Violence Act, 2005, if the matter is pending before the Magistrate and no final order has been passed, you may file an application stating that you do not wish to pursue the complaint and seek permission to withdraw the proceedings. Courts generally permit such withdrawal when it is voluntary and without coercion. If the divorce proceedings are also pending, the parties may consider converting the matter into a mutual consent divorce, incorporating terms regarding withdrawal or quashing of all connected litigations. Before taking any step, carefully review the pleadings, FIR, charge-sheet, and orders passed so far. It is important to ensure that any withdrawal, compromise, or statement is made voluntarily and truthfully, as knowingly making false allegations or false statements before a court may have legal consequences. Consulting an independent matrimonial lawyer for a fresh assessment of the case records would be advisable.

Advocate Lalit Saxena LawRato

920 votes

Dowry cases u/s 498A IPC and Domestic Violence cases under DV Act are serious criminal matters. Withdrawing them is not simple because 498A is non-compoundable in many states. However, you have 2 legal options: 1. Quashing by High Court: You can file a petition u/s 482 CrPC before the Hon'ble High Court for quashing the FIR/chargesheet if both parties have settled. Court considers compromise deeds. 2. Compounding with Court Permission: Though 498A is non-compoundable, the Supreme Court in Gian Singh vs State of Punjab has allowed High Courts to quash cases on basis of compromise to secure ends of justice. For DV Act cases, you can file withdrawal application u/s 28 before the Magistrate. Important: Never file false cases or withdraw under pressure. Consult a competent criminal lawyer with all case papers before taking any step. Courts take misuse of 498A/DV Act very seriously.

Advocate Shamma Perween LawRato

901 votes

you can move for quashing the sections from the high court you cab move in settlement foe the case you can apply to the court for quashing and settlement you can withdraw these cases kindly see how can you avoid the charges

Advocate Spiti Sarkar LawRato

505 votes

Aap DV case ko trial court se directly withdraw kar sakti hain. Lekin Dowry (498A) case ko poori tarah band karne ke liye aapko aur aapke husband ko High Court se FIR Quash (Section 482) karwani hogi. Kyunki yeh mamla aapsi galatfehmi se hua tha, isliye Court compromise ke basis par ise aasani se band kar dega. Aage ki madad ke liye aap LawRato par mere profile par jaakar Call/Consultation book kar sakte hain. ADV SUDESH KUMAR

Advocate Sudesh Kumar LawRato

735 votes

As you have written in your problem, has your lawyer given wrong information while filing the cases of domestic violence and dowry while the divorce case has been filed by your husband. If you want to withdraw these two case or want to make some amendments in what is written in them, then once you have done soIf you have filed a case of domestic violence or dowry harassment, then they cannot be amended again, this will weaken your case, it is better that you withdraw both these cases and file yours again

Advocate Rajeev Kumar LawRato