How 498A can taken back from complainer against victim?

Querist : Anonymous (Querist) 03 January 2010 This query is : Resolved
498A was filed against me & my family after suide of my wife in may2008,now her family asking for money for taking back the case & we are also ready for same but dont know the procedure for same,presently case is in lower court & asked my lawyer for the procedure but he is delaying for his perssonel profit.

Pls let me know the procedure for taking 498A back from the lowr court.

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Devajyoti Barman (Expert) 03 January 2010
Though 48A is a non-compoundable offence the same can be compromised in around about way as the de-facto complainant will have to appear before the court and testify that the case was filed out of mis-understanding etc.The actual procedure differs from court to court; state to state.Consult a lawyer who is willing to do that.

Raj Kumar Makkad (Expert) 03 January 2010
It is true that non-compoundable criminal case cannot be shown as compromised in the court of law and only witnesses have to change their statements and have to hostile therein but it can definitely be prayed before the court orally that the compromise has taken place so short adjournments be given so that statements accordingly may be made. If your lawyer is not cooperating in this matter, both the parties jointly can say this fact before the court on the next date of hearing and the court shall definitely take this fact in its cognizance and very short adjournment may be granted for the prosecution evidence in which your wife and all other her family members (impleaded as witnesses in the case) can make statements as per compromise. It shall be better if you involve one common respectable person in between your compromise. You deposit the settled amount with him who shall hand over it to the other side only after their statements.

adv. rajeev ( rajoo ) (Expert) 03 January 2010
it is non compoundable offence, hence trial should go on. At the time of evidence make all the wittnesses to turn hostile. Even beofe the court if it is submitted that matter is compromised, the sma will be considered by the court.

Querist : Anonymous (Querist) 03 January 2010
anti sipater and normal bail are same

Arvind Singh Chauhan (Expert) 03 January 2010
Raj Sir has explained all cones.

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