Can my wife withdraw 498A case she filed against me

960 votes

498A is non compoundable. However, if the parties have decided to compromise the matter and accordingly the wife wants to withdraw the allegations then the same must be informed to the concerned Court. Accordingly the court will pass directions about conducting the case.

Advocate Namita Kanhurkar LawRato

902 votes

After your arrest investigation starts after which chargesheet has been filed by police in the court after that charge will be frame against accused after that summons is issued to complainant on the appearance of complainant only matter can be settle.

Advocate Mehboob Shaikh LawRato

530 votes

if the FIR is lodged the same cannot be withdrawn either it has to be Quashed by the Hon'ble High Court or Police has to file C Summary report that we did not found anything in the Report. the only process which remains that you required to file the Application under section 482 of CRPC before the Hon'ble High COurt which comes under your jurisdiction and if your wife will give consent then it can be easily Quashed.

Advocate Akshay R Kapadia LawRato

860 votes

Firstli your wife file A divorce case against you.secondly she has withdrawal this case against file A divorce case against you.she has withdrawal the case both have presents the court and court has ask any reason withdrawal the case this time she has any reason to the court .then court has pass the order.

Advocate Sumit Bhagat LawRato

453 votes

In India, a 498A case, which related to cruelty against a wife is a non-compoundable case. However, it can be withdrawn or compromised upon the mutual agreement of both parties only if the Court deems fit. Here's how you can go about withdrawing a 498A case:

1. Mutual Consent: Both you and your wife need to be in mutual agreement to withdraw the 498A case. If both parties are willing, it's possible to initiate the process of withdrawing the case.
2. Application to the Court: You will need to file an application in the court where the 498A case is pending. This application should state that the wife is willing to withdraw the case and that you no longer wish to pursue the charges.
3. Court's Approval: The court will review the application and the affidavits and may conduct a hearing to ensure that the withdrawal is voluntary and not due to coercion or pressure.
4. Quashing of FIR: If the court is satisfied with the withdrawal request, it may quash the FIR (First Information Report) related to the 498A case. Once quashed, the case will no longer proceed.
5. No Objection from the State: In certain cases, especially if the 498A case has reached the chargesheet stage, the court may also seek a "no objection" from the state prosecutor or government before allowing the withdrawal.

It's important to note that the process of withdrawing a 498A case can be complex, and the court's decision may vary depending on the specific circumstances of the case. Additionally, both parties should approach the court with genuine consent to withdraw the case.

Advocate Chikirsha Mohanty LawRato