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amit8 (abcdef)     05 April 2013

Can a pvt 498a case be withdrawn back ? ?

How can a pvt 498a case  be withdrawn back ? there is no fir as yet as far as i know.

i do not stay in india , Can the 498a case be withdrawn with me comming to india ?



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 8 Replies

amit8 (abcdef)     05 April 2013


I meant can the 498a case be withdrawn without me comming to india ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     05 April 2013

Yes.You can withdraw 

adv. rajeev ( rajoo ) (practicing advocate)     05 April 2013

Yes it can be withdrawn by filing a memo by the complainant

amit8 (abcdef)     05 April 2013

is the memo filed at the lower courts or only at high court , me and family have a false 498a pvt complaint case on us.

now if the girl wants to withdraw the case , does she have to go to high court or the lower court is enough ?

uptill now the case has not started and there is no fir as far i as  i know.

Do i or any one from my side has to come to india ? or itcan  be withdrawn by the girl alone ?

Are there any conditions to be mentioned in the withdrawal application /memo ?

jagdishkumar Gupta (Advocate / Lawyer)     05 April 2013

if it is filed in lower court as a Pvt. complaint, and if the lower court have not yet taken cognizance of the offence, it means that  no process u/s 204 of Cr.p.c. is issued, than it can be withdrawn, by the complainant herself, for want of prosecution.

Manish Udar (www.Mehnat.IN)     06 April 2013

Yes it can be withdrawn by her, but take divorce from her if you are paying her to withdraw.

www.mehnat.in


(Guest)

Who filed said complaint in court , he/she can withdraw complaint.

Sudhir Kumar, Advocate (Advocate)     06 April 2013

such withdrawl may be possible only if there is reconciliation.  The reconciliation may be eithe rto stay with  each other or for MCD.


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