498 A of I.P.C Urgent please
SATYANARAYANA K
(Querist) 13 February 2010
This query is : Resolved
Respected experts,
My client gave a complaint u/s 498 A of I.P.C and Police was registered a case and arrested the accused, produced before the court, and accused was in jail 4 days, due to that effect his jobs lost and suspended by his employer its a Central Govt employee.
Now complainant wanted to withdraw the case, it is in crime stage, police did not filed charge sheet.
my client immediately wanted to withdraw the 498 a case only. Maintenance case is pending before another court.
my query is 320 (2) and 320 (8) of Cr.P.C may i withdraw the case immediately. and refer to Lok Adalat and compromise upon terms & conditions.
If any other remedy or procedure please give suggestions immediately, i am waiting for your valuable reply.
Devajyoti Barman
(Expert) 13 February 2010
The 498A case though non compoundable, the police may submit Final Report on the basis of withdrawal of the charges by the de facto complainant if the charge sheet is not submitted in the meantime. The other charges of 'Hurt' being compoundable, there should not be any problem.In any case the High Court can always quash the proceeding in the context of compromise if petition u/s 482 of CrPC is filed.
adv. rajeev ( rajoo )
(Expert) 13 February 2010
498A is non compundable offence. Charge sheet is not yet filed. Let your client give a statement before the police that she is not interested to proceed with the case and whatever complaint is given is false and I was not in a proper mental condition while giving the complaint like this when the police officer starts investigation. After invetigation based on the statments of the complainant and statements of wittnesses B report will be filed in the court, then there will be a stage to file an objections to the B report, if complainant didn't file an objections then automatically case will be closed.
B K Raghavendra Rao
(Expert) 13 February 2010
Complaint under Section 498A may be withdrawn. It would be a great relief to the accused.
Raj Kumar Makkad
(Expert) 13 February 2010
I have also the same opinion as of the other experts on this matter.
Guest
(Expert) 13 February 2010
agrees with Mr barman and Mr Satyanarayan
B K Raghavendra Rao
(Expert) 14 February 2010
Case is not withdrawn. Complaint given by your client is to be withdrawn by your client for some reasons like misunderstanding, subsequent compromise or under wrong advise etc. When the complaint is withdrawn the case would automatically drop.
A letter withdrawing the complaint is to be addressed to the police and a copy filed in the court along with a Memo with prayer to drop the proceedings.
