Withdrawl of 498a case by both husband & wife

884 votes

*1.* Since FIR is not registered yet and case is at Evidence stage in Warrant/Summons Criminal Case, you have 2 options. As 498A IPC is non-compoundable, lower court cannot directly close it. The safest route is filing a joint petition u/s 482 CrPC before the Hon'ble High Court for quashing based on compromise and willingness to live together. *2.* Both you and your wife must file a joint affidavit in High Court stating that disputes are settled, you wish to resume matrimonial life, and continuing the case will harm the marriage. High Court relies on _B.S. Joshi vs State of Haryana_ judgment and quashes 498A, 406, 323, 504, 506 cases to save the marriage. All other IPC sections mentioned are mostly compoundable except 420, 452. *3.* For sections 420 and 452 IPC, if included, High Court can still quash them using inherent powers u/s 482 CrPC if settlement is genuine. Alternative: Your wife can turn hostile in trial court during evidence, but High Court quashing is faster and cleaner. Engage a lawyer immediately to draft the quashing petition with compromise deed. Once quashed, all proceedings will end.

Advocate Shamma Perween LawRato

500 votes

Under the circumstances you’ve described, since the FIR has not yet been registered and the case is directly at the evidence stage (likely a private complaint under Section 200 CrPC), you have a viable route to close the matter. The most effective legal remedy is to file a compromise petition or a quashing petition before the concerned High Court under Section 482 CrPC, seeking to quash the proceedings based on a mutual settlement. You and your wife should first execute a detailed compromise deed, recording your decision to live together and withdraw all allegations. Subsequently, you both must appear before the trial court to record a statement of no grievance. Since the offenses under Sections 498A, 406, 323, 504, 506, 452, and 420 IPC are compoundable with court permission or non-compoundable but can be quashed by the High Court in matrimonial disputes, the High Court is likely to quash the entire proceedings if genuine reconciliation exists. Additionally, if any proceedings under Section 125 CrPC or DV Act are pending, those should also be withdrawn simultaneously. You must ensure that the trial court is informed of the settlement, and then move the High Court for quashing. Legal representation is highly advisable for drafting the petition and coordinating court appearances. Do not attempt this without a lawyer, as procedural missteps may delay closure. Once quashed, no FIR will be registered, and the case will stand closed.

Advocate Lalit Saxena LawRato

641 votes

you first have to draft and compromise deed between each other there after you have to approach the honorable High Court of your jurisdiction and have to file the petition for quashing there after High Court will pass the order of quashing on the basis of compromise

Advocate Amit Pandey LawRato

550 votes

yoy must tried to get it quashed by the high court all the sections after 2 years the case is at the evidence stage now your wife and you want to close the case and cancell all proceedings in the court or you can go in for a settlemwnt

Advocate Spiti Sarkar LawRato

882 votes

is this a criminal complaint case or its a FiR case registered case. both have different proceedings. if it's only a criminal complaint and trial in the court then you can easily withdraw your case under section 257crpc. or if it's a FIR case then complainant must be file affidavit that she not want to run case and want to compound the case.

Advocate Satish Bhati LawRato