LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Abhishek Saxena   16 February 2021

Can 498a be withdrawn after chargesheet has been filed

I already got mutually divorced with my ex-wife in 2017.498A is still pending with Pune court, chargesheet has been filed.My ex-wife is ready to withdraw the case.Me and my parents are named in the FIR and chargesheet and I don't want to involve my parents now in the withdrawal process.My parents are senior citizens and having health issues.Court is asking for any judgements which has been passed by any hight court/supreme court recently where 498a case can be withdrawn if co-accused are senior citizen's and can be exempted from the case.Please advice.



Learning

 4 Replies

Kevin Moses Paul   17 February 2021

Section 498A of the IPC deals with a non-bailable offence, which applies to a husband, or relative(s) of a husband, of a woman, who is/are subjecting her to cruelty.
The offence under section 498(a) of IPC is a Non-Compundable offence. Due to this it cannot be withdrawn if the FIR is registered and chargesheet is filed.

According to your query, you've said that -"Court is asking for any recent Judgement!". So for this there hasn't been any recent matter where a petition under 498(a) have been withdrawn.

However, if your wife if is ready to withdraw the matter, then you may proceed to file an application of withdrawal of case to the High Court of jurisdiction.
While doing this make sure that you mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC and attach written affidavits from all members of your family stating that they have no objection to this withdrawal.

Then Section 498-A case will be quashed. You can also document the settlement that has been agreed between you and your husband and then file a Quash petition in HC and the case would be quashed.

Hope it Helps

Regards
Kevin M. Paul

Nitesh Dadhich   17 February 2021

keshav singh & anr. vs state of raj & ors
rcc 2017

Abhishek Saxena   19 February 2021

Hello Nitesh Sir, Can you please share the link , I am unable to locate the citation on the web.

Sankaranarayanan (Advocate)     30 April 2021

and also check the 

HIGH COURT RAJASTHAN
O R D E R in S.B.CR.MISC.PETITION NO.763/2010. the party between Keshav Dev & others .Vs The State of Rajasthan  Date of order 28.7.2010 by the HON'BLE MR.JUSTICE MOHAMMAD RAFIQ

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register