How to finish off the 498A case against me

627 votes

If any case is state than not withdrown by complaint or victims. So you need first she make a compromise and you file a bail application belong with compromise latter. Than she make evidence in your favour after that you can file mutually divorce and take a copy of that order and file in 498a case so you can closed your case and you will be discharge.

Advocate Satish Bhati LawRato

607 votes

Things are not cleared​ yet, and a detailed discussion is required.
First date when the matter takes up by the court after filing of mutual divorce; is called the first motion.
It has not been cleared by you whether your wife has submitted a complaint or the same has been converted into an FIR.
Status or current status in maintenance case has not been disclosed by you. We do not know the current status of complaint made by your wife or about the final report. Also tell us how many names of your relatives or near dear ones are there in the complaint.

Advocate Varun Chaudhary LawRato

632 votes

If the case is state and u/s 498 a is pending,you should approach high court stating about the settlement and pray to quash the FIR or charge sheet Afterwards getting the direction. Seeking the direction lower court may process to close the case.

Advocate Navin Varma LawRato

819 votes

ID 50903
Section 125 CrPC case can be withdrawn by your wife by giving an application before the concerned family court.
So far as the case of 498 A IPC is concerned if it is a complaint case the complainant should not do pairvi of the case and let it be dismissed. The complainant can also file an application for dismissal of the complaint before the magistrate. In that case you need not have to apply for bail.
If it is a state case , i.e after lodging FIR charge sheet by the police, then instead of applying for bail there is law on the point that 498-A IPC cases should be sent to the mediation centre prior to applying bail. There, husband and wife may compromise and the case would be decided by the court in terms of the mediator’s report.
One more option is there with you to file a petition before concerned High Court and section 482 for quashing of criminal proceedings as both of you are ready for the same.

Advocate Murli Manohar LawRato