Section 498a can be withdraw?
salman khan
(Querist) 25 December 2014
This query is : Resolved
Section 498a filled by wife after 1 year of marriage against her husband five year ago, but still case is going on and no decision is come out, her husband has re married to other girl as per muslim law, but now wife want to remarry as her husband is not with her. wife has no child. now wife want to withdraw the section 498a, meanwhile on court hearing husband offen not present and judge giving next to next date. so please guide how to close this case.
Thanking you
Dr J C Vashista
(Expert) 26 December 2014
1. How you are concerned Mr. Salman Khan? Just to enhance your knowledge or some other reason?
2. She can withdraw her complaint any time by making an oral application to the Court.
P. Venu
(Expert) 26 December 2014
The matter could be settled by the wife withdrawing the complaint and the husband agreeing to give the talaq.
ajay sethi
(Expert) 26 December 2014
file for quashing before Hc on basis of settlement arrived at between husband and wife
Dayananda Gowda
(Expert) 26 December 2014
488A is non compoundable offence..it can not be withdrawn after filing charge sheet to court... If the parties mutually agrees to compromise the case, lead the formal evidence and deny the complaint allegations before the court. Then the court passes a judgement by acquiting the accused....
Devajyoti Barman
(Expert) 26 December 2014
You can go for quashing in high court on compromise and it would be more convenient and expeditious if your husband support your petition.
If your husband has already divorced you then you are free to remarry for which you need not end 498A case.
Rajendra K Goyal
(Expert) 26 December 2014
Agree with the expert Devjyoti Barman.
salman khan
(Querist) 27 December 2014
Thanks to all experts to give your valuable opinion. Dr J C Vashista sir i am concerning because my friend facing this case.
Thnx
