498a settlement

She cannot withdraw the case under section 498a ipc even if there's a compromise settlement between you both.

You may have to file a petition before high court to quash the case to which she has to file an affidavit in person before court expressing her no objection.

After that you can withdraw your criminal complaint by filing a petition to compound the offences which are compoundable.

In my considered opinion, it is ideal that both parties move the High Court.

Hi Bilal, 

Yes, you can mutually settle both cases if both parties agree, and no financial exchange is involved. Since 498A IPC is a non-compoundable offense, simply withdrawing it is not possible. Instead, follow this legal process:

Your wife should file a petition in the High Court under Section 482 CrPC for quashing the 498A case based on the settlement. The High Court can quash the FIR if both parties state that they have resolved the matter amicably. You should give an affidavit supporting the quashing in court.

For your case under Sections 323, 324, 504, and 506 IPC, you can withdraw the complaint before the trial court. Since these are compoundable offenses, you and the accused can file a compromise petition before the magistrate, and the court will allow withdrawal.

Ensure that both settlements happen simultaneously to avoid any risk of one party backing out. It is best to draft a written agreement, signed by both parties, and submit it before the court along with settlement applications.

For legal drafting and representation, reach out to me at adv.vishesh@icloud.com.

wife and witness are not appearing for court date for evidence, once she appeared and told in court verbal that she want settlement, but for next hearing she disappeared and court issued a warrant to all the wife and her withness, but she did not turn up, then court issued a notice to wife, 

what is a court notice to wife, 

please clarify what happen next hearing is in evidence stage from past 2 yrs ago 

If she is not turning up before court in the next hearing also then the court may ask the Assistant public prosecutor to dispense with her evidence.

It will be repeated to other witnesses too if they also don't appear before court continuously