kiran 14 March 2015

How to withdraw private 498a case in second motion of mcd

Hi sir,

I am vidyanad, my wife filed private complaint 498a case in the court 6 months back, till now police did not opened chargesheet till date, I and my wife settled the money matters and filed divorce by mutual constent in the family court.

In the divorce paper she has stated the she will withdraw all the pending cases. but did not mentioned before / after divorce.

My question is before going to second motion should my wife withdraw all the pending case against me, or she can withdraw all the cases on the day of second motion.

what do i if she wont withdraw on second motion?

please advice...!

thanks and regards

vidyanand

Reply Follow

2 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 14 March 2015

Sir, Only after second motion you need to file a quashing in HC on the basis of the settlement deed .... Regards Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate) 17 March 2015

She cannot withdraw the criminal case already filed against you, instead you may file a quash petition before the high court to which she should give her consent/no objection in writing before the high court after which the pending case will be quashed. This can be done even before the second motion of the mutual consent divorce. It again depends on the mutually agreed terms and conditions between them.