498A CASE
A YOGANANDA SWAMY
(Querist) 25 September 2010
This query is : Resolved
The crime was registered against my friend 's family members under 498-A IPC and they mutually agreed for settlement and my friend's wife wants to withdraw the 498-A before the Lok Adalath.
Some of the friends said that the the 498-A should not close before the Lok Adalath as it is not valid?
Kindly clarify my doubt and give proper guidance.
Devajyoti Barman
(Expert) 26 September 2010
Since the offfence u0s 498A IPC is non compoundable, the lower court is not authorised to make such compromise. Hence the parties will either have to face trila where the de facto complainant depose about not pressing the charges or get the case quashed bu the high court on the basis of the said compromise.
virender
(Expert) 26 September 2010
go for quashing it is only remady or the witness turn hostile in trial court but that is going to take time
G.G.Shaikh Advocate M:9898038990
(Expert) 27 September 2010
if the case under ipc 498 is police case your friend's wife cannot withdraw if your friend 's family members and his wife mutually agreed for settlement . they can settle this case with permission of court .
if the 498-A is private case she can withdraw complain before the Lok Adalath.
don'tworry against the order of lokadalat nobody can file apeal.
