Withdrawal procedure of case under section 498A
04-Sep-2023 (In Divorce Law)
How to withdraw case 498A I am hindu by religion
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.
What is the time limit for 498A complaint?
The limitation period for a 498A is three years after the date of the alleged offense. The law of limitations may prevent the court from hearing the case if it is not filed in this timeframe. 21-Feb-2023
What is the jail time for 498A?
The section 498A of IPC states that whoever, being the spouse or relative of the wife of a woman subjects her to cruelty, shall be punished by imprisonment for a period which may extend up to three years, and shall also liable to a fine. 23-Jul-2023
What is the timeline for 498A?
The normal time for submitting a charge sheet is three months. If it's taken longer than 3 months, ask the investigating officer to issue a certification that the 498a is false. 2) Quash the FIR.
How long do 498A cases last?
The legal proceedings can be completed within 1-2 year if Section 498A is used to quash the FIR and the allegations are unfounded. The trial may take up to 5-7 year to conclude. 12-Apr-2023
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.
Regards.
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