LawRato

Withdrawal procedure of case under section 498A


04-Sep-2023 (In Divorce Law)
How to withdraw case 498A I am hindu by religion
Answers (2)

Answer #1
845 votes
Please note that since case under section 498A of IPC is a criminal section so it has to be quashed under section 482 of Cr.Pc. You need to first convince the complainant to withdraw the case and make her sign an understanding on this. The High Court may get pleased to quash the 498A after seeing the memo of understanding.
Helpful? LawRato20+ LawRato
Advocate Pradipta Nath

Adv. Pradipta Nath

LawRato Durgapur | 200+ Answers
Chat with Advocate Pradipta Nath Chat 
Answer #2
661 votes
Since 498A IPC is a non compoundable case i.e a case can not be compromised in law, cannot be compromised straight way under Section 320 CrPC, what we do, we let the accused file a case for quashing of the case under Section 498A IPC before the Hon'ble High Court and during the pendency of the same we let both the accused person and the defacto aomplainant, i.e. the person who filed the case under Section 498A, a joint petition for compromise and thereafter accordingly move such application showing reference to the Hon'ble Supreme Court in Madhurima Bhargava's case and also Gian Singh's case and this way -plenty of my clients have got instant and less expensive remedies. All the best. Regards.
Helpful? LawRato12+ LawRato
Advocate Ujjal Kumar Ray

Adv. Ujjal Kumar Ray

LawRatoKolkata | 400+ Answers
Chat with Advocate Ujjal Kumar Ray Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato