Withdrawal procedure of case under section 498A


How to withdraw case 498A I am hindu by religion

Answers (2)


176 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.


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271 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.

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