Validity of 498 A of I.P.C if withdraw the case
SATYANARAYANA K
(Querist) 17 February 2010
This query is : Resolved
My client is complainant in 498 A of I.P.C case, now my client wanted to withdraw the case, presently the case is in Crime stage and police did not file charge sheet till now, due to her complaint her husband Central Govt Job lost, there is no income Department ordered as after closed the 498 a case then job will be reinstated, due to that reason, my client suffering as a humanity hence she wanted to withdraw the case against her husband immediately please suggest sir
My query is (1) if my client withdraw the case in crime stage is there any problem, (2)If after withdraw the case if husband again harass my client is there same value before the Police station (3) If harass my client May give complaint again u/s 498 a is it possible to accept the case by police. if there is any section to withdraw the case immediately please give with full details, waiting for your valuable replies, thanks to all experts
A V Vishal
(Expert) 18 February 2010
If a FIR is filed only a court can squash the same, however 498A is not a compoundable offence.
Parveen Kr. Aggarwal
(Expert) 18 February 2010
If the investigation has still not been completed (charge sheet not filed) then by police the FIR may be recommeded to be cancelled and thereupon the Court may cancel the FIR. If subsequently any harassment for demand of dowry is made, a separate complaint can be filed for the subsequent cause of action.
A V Vishal
(Expert) 18 February 2010
Any F.I.R. or Complaint made under section 498A Indian Penal Code cannot be withdrawn by the Complainant as the offence under this section is Non-Compoundable, which means once this complaint/F.I.R. is registered this either has to find its ultimate conclusion through proper prosecution in the court or under its inherent powers under section 482 of the Criminal Procedure Code, the concerned High Court under whose jurisdiction the Complaint is being prosecuted may dismiss the F.I.R to secure the end of justice & thus give relief to the parties.
The parties involved in the complaint & its prosecution have to approach the concerned High Court for the judicial relief otherwise mutual agreement will not bring this matter to end as one may feel.
Arvind Singh Chauhan
(Expert) 18 February 2010
I agree with Vishal Sir,. Only Final report on the basis of compromise between the spouse may be filed by police, to subside the matter.
Guest
(Expert) 18 February 2010
i do agree with Mr Vishal.
Feroz M Shafeeque
(Expert) 18 February 2010
Try to convince the investigating officer to submit a final report before the court referring the complaint as "mistake of fact" or "false".
Ravi Arora
(Expert) 18 February 2010
do agree with Vishal
Raj Kumar Makkad
(Expert) 19 February 2010
IO can produce an application seeking discharge of the accused as the parties have compromised or there is no material found against him. Court can accept it before the production of the charge-sheet.
