498a dp 4 and 6 withdrawal

When u hired an Adv trust him or change to another if u cant trust. Clients X checking their Adv is bad. This forum shd not encourage that. Let ur Adv worry how he or they r going to do it. As of ur quairy both ways it can be done im not detailing all here but 3 month waiting period is must after ur joint petition Cell: +91-91777-22930

When u hired an Adv trust him or change to another if u cant trust. Clients X checking their Adv is bad. This forum shd not encourage that. Let ur Adv worry how he or they r going to do it. As of ur quairy both ways it can be done im not detailing all here but 3 month waiting period is must after ur joint petition Cell: +91-91777-22930

So both of U have decided to resolve everything and reunite.Good.

In so far as 498A withdrawal is concerned,it is a state case. Once an FIR has been registered and chargesheet filed, she, or for that matter anybody else, cannot withdraw it.  It is difficult that it will be quashed against you.  Therefore enter into a settlement with her,and then approach High Court with a quashing petition under Section 482 Cr.P.C. when it will be quashed.

 

Plz see below a case decided by the Lucknow High Court in  498A case;

Quashing of criminal / Dowry case on the basis of compromise between husband and wife;

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 6 
Case :- U/S 482/378/407 No. - 5082 of 2014 
Applicant :- Smt. Shahjahan And Ors. 
Opposite Party :- The State Of U.P 
Counsel for Applicant :- Rahul Mishra 
Counsel for Opposite Party :- Govt. Advocate 

Hon'ble Shabihul Hasnain,J. 
Heard Sri Rahul Mishra, learned counsel for the applicants, who has moved an application for correction in the memo of petition/application to the extent that petitioner No.-1 Smt. Shahjahan may be allowed to be read as opposite party No.2. He has submitted that due to typographical error complainant Smt. Shahjahan has been arrayed as petitioner No.1 while she should be arrayed as opposite party No.2. 
The cause shown is sufficient. The application is allowed. Petitioner No.1-Smt. Shahjahan, who is complainant in the case shall be allowed to be read/arrayed as opposite party No.2. Let the correction be carried out during the course of the day. 
Mr. Anees-husband as well as Smt. Shahjahan-wife are present in the Court. They have been identified by counsel for the petitioners Mr. Rahul Mishra. It has been submitted that it is matrimonial dispute and both the parties have entered into a compromise. Copy of the compromise has been annexed as annexure No.3 on page No.16 of this petition. The parties have made a statement before this Court that they have resolved their dispute amicably and they do not want to litigate their matter. 
On examination, it appears that the issue involved are petty in nature. It will not be advisable to continue with the litigation and further proceedings nor will it serve the ends of justice. Accordingly, this Court comes to the conclusion that compromise may be accepted. It is hereby accepted.

The proceedings of criminal case arising out of FIR No.168/2013 as well as its consequential proceedings in criminal case No.1964/2013 under Sections-498-A, 323 IPC and 3/4 D.P.Act, P.S.-Mohanlalganj, District Lucknow pending in the court of Special Chief Judicial Magistrate, Custom, Lucknow are hereby quashed. The petition is disposed of. 
Order Date :- 26.11.2014/RKM. 

 

God is perhaps kind to you.

 

On this forum you are likely to encouter with some persons (learn civil/criminal matrimonial law by experience) who were rightly/wrongly accused of 498a and intending to make every male as pwn of their anti-female revance will always advise against compromise.

Good analysis Sudheerji.Hope the querist has received his due suggestions.