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agreed for reunion, how to withdraw 498a case?
30-Aug-2023 (In Family Law)
Sir, My husband filed divorce case and 2 police cases against me due to some family misunderstanding issues 2 years before.. i am having kids, at that critical situation, from my side, conjugal rights, domestic violence act, 498 a case against him as the lawyers advice.. Now, my husband came to me and agreed for reunion. i m also willing in reunion. But, his condition is, i have to accept that i have filed false case and i have to withdraw all the cases, after that he will withdraw his case in court..what i have to do next? please guide me sir. .. how i can withdraw my 498a case?
As per Indian Penal Code Section 498A case is not compoundable in the sense it cannot be compromised before the trial court. You need to either file a quashing petition before the High Court or to turn as hostile witness before the trial court. Better in one case you need to include all settlement terms and conditions.
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Adv. Jagadish N
Bangalore | 400+ Answers
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You cannot withdraw as such but you both can file compromise purshis and by getting hostile can dispose off the said case in a speedy way. It is advisable that instead of saying false cases you can plead that due to misunderstanding and out of anger the present litigations were filled against each other. If anyone of you say that "false case". Then either party can sue the other party for the offense of perjury & malicious prosecution. Orally either party can say "false case" but not in writing . This is an opinion for your information decision is yours.
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Adv. Sagar Kothari
Pune | 400+ Answers
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All the proceedings between the parties can be quashed by filing petitions in high court. You both have to arrive at consent terms and all proceedings against each other can be withdrawn. Contact me for details.
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Hi madam, if you have already engage a lawyer for your side you have to file withdrawn memo for settled out of court through your lawyer before the court in your case and concerned all the cases you have to do it same.
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Adv. Chandrashekhar Vithal Jadhav
Bangalore | 200+ Answers
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You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.
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Adv. Tanushree Sahani
Bangalore | 25+ Answers
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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.
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