Withdrawal 498a case

She cannot withdraw 498A case , tell her not to attend the court hearing dates you attend The hearing and request the court to dismiss the case as complainant is not attending the hearing or go to high court to quash the 498A as you both had settled your problem amicably , you both have to be present physically before the court, the court will allow you .

I agree with Mr. Laxmi Kant Joshi,

 

498A is Cognizable, Non Bailable and Non Compoundable offence.

 

Please don't make any mutual settlement until 498A is over. If 498A is over then it is a ground of divorce on Cruelty and Desertion ground as per HMA. Please file speedy trial petition in the High Court and get order of speedy trial and submit it in the trial court. Please make dispose of 498A ASAP else no relief.

 

Please read each of my posts in the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

I concurred with Laxmi Kant Joshi, but let me add another point of law. Your wife can not withdraw the case but the public prosecutor or the Assistant Public prosecutor can withdraw the case, so you both approach the Public Prosecutor or the Assistant Public Prosecutor. In our State this power has been taken away from the Prosecutors and it is exercise by the Government.

Mr. N.K. Assumi,

 

PP & APP takes lot of bribe to do this. Anyway, I could not get your "In our State this power has been taken away from the Prosecutors and it is exercise by the Government" - this point.

 

Could you please elaborate?

It means that only Government can exercise that withdrawal power of any case, and even though PP and APP may refuse it Government can withdraw the case from the Court. Your case is fit for withdrawal.

That is okay but still my opinion is,  we need to fight against it. If we do mutual settlement by giving money then we are virtually helping the wrong doer to continue there wrong business.

 

Speedy Trial and Perjury are the most essential tool for this.

498a cases can be withdrawn in Andhra Pradesh. The govt made it compoundable a few years back. However, you can approach High Court and and file quash under compramise petition.

As per my knowledge a state can make amendment on CrPCs only. Not any IPC. 498A is IPC. Please correct me if I am wrong.

498A is compundable in Andhra Pradesh and However DP 3 & 4 is not compundable..

So its better file a compromise petition in High court...

I have a very specific question.

 

"Whether State can make amendment on IPC?"

That IPC is a Central Act based on the principles of Uniformity in Diversity and most of all Certainty, as such the answer is a big NO.

I know, then how Andrapradesh made amendment on this as it is a central act?

you have to make application for quashing in the high oucrt based on the compromise entered between both of you.

 

on her own she cannot withdraw.

But if you compromise then you will remain as guilt in the eyes of the law.