LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

windowsxp   11 February 2017

498a withdrawal

Dear experts, My ex filed 498a showing she shared her salary after marriage to me, main reason is she is addicted to liquor, smoking nd extra marital affairs, I have proofs of 1st two. Filed divorce with first two evidence nd cruelty due to 498a. Later I went to hc to quash my parents nd sisters name , it is still in admission phase, me ex appointed lawyer in hc he tried to reject the admission but we told judge we r ready to compromise nd ask respondent to come for mediation till then stay the case. This happen one year back nd we r not moving the case in hc but A1 me, is attending the court on given date. From last 5 years case was not charged yet but court given next date in june as case is stayed in hc the y giving long dates. Now my ex has no option, she knows she will loose this 498a as well. If she come for compromise to end this 498a, can she close 498a in lower court on any working day r in next date in June r she can approach hc on any date to close 498a? Regards Srinivas


Learning

 4 Replies

Sachin (N.A)     11 February 2017

If she agrees to get the case closed , she or both of you jointly need to file quash petition in HC

Advocate M.Bhadra   11 February 2017

 Section 498A  IPC is not compoundable offence,offences under Section 498A as non-compoundable, non-bailable and cognizable and  it is considered to be a serious crime, not just against the woman but also against the whole society. However, a few states have made amendments whereby Section 498A is compoundable offence in that state. The parties can file a joint petition in Magistrate Court by supportive affidavit,failing which a party wishes to compound a non-compoundable offence, especially Section 498A of IPC, there is another way out. Under Section 482 of Criminal Procedure Code, 1973, the High Court has inherent powers to intervene in a matter and allow the parties to mutually settle the matter. This requires an application before the High Court stating that the parties want to withdraw the Section 498A case, and wish to settle the matter amicably.

Ms.Usha Kapoor (CEO)     12 February 2017

APART FROM QUASH PETITION  THE LATTER PART OF THE IMMEDIATELY ABOVE ANSWER PROVIDES /S 482 Cr.p.c INHERENT POWERS COURT hIGHCOURT GIVES THE PARTIES A CHANCE TO SETTLE  THE MATTER  AMICABLY AND THEREBY MAKE NON COMPOUDABLE NON BAILBLE offence in to a baialble  and compoundable one.

windowsxp   12 February 2017

Thank you all for your suggestions, I feel now my ex will come for a compromise, as she lost divorce case last week. Going for appeal nd winning 498a is a dream which will never happen, just waste of money appealing and following up cases I file after 498a case. all will become a nightmare to her now. Nd also releasing stay is not her hand and she learned i joined LLB, so just thinking of easy ways to get rid of 498a. Regards, Srinivas

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register