Rue 02 April 2017

Withdrawing 498a

Hello , I won my divorce case in 2011and am presently remarried n have a happy family.the problem here is there was a 498a and dv case registered against my ex husband n his family in 2009 as they were not ready for any compromise and went into hiding.the accused and 4 other family members r still on bail .now the 498a case has started in court long after ive got remarried (my ex is also married now).my ex husband wasnt interested in a compromise once again and wanted a court judgment.i was ready for a compromise if he returned all my belongings which are still in his custody from the past 10 years(i was married first in 2006).i did not get anything as alimony or mai ntenance, even the dowry articles r still with him. All talks failed and the case has started.eventhough i have given evidence in front of the judge im not much interestd in pursuing the case.can i withdraw the case at this stage..what will be the consequences.my exhusband also filed appeal in high court challenging the divorce decree..does withdrawing 498a hav an effect on the appeal(still not started).i need a sincere advise as im finding this difficult to handle with children and i need to join my present husband who stays abroad.thanx in advance.

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9 Replies

Sudhir Kumar, Advocate (Advocate) 02 April 2017

have to decided to forgive?

Rue 02 April 2017

I have suffered a lot but still i can let go .what will b the procedure for quashing498a at this stage..plz answer other queries too.

Sudhir Kumar, Advocate (Advocate) 02 April 2017

This is non-compoundable allegation and it is not your sweet discretion to withdraw hadn it been so the court would have allowed it the moment you uttered your wish not to continue this case.

let there be agreement betwenn you.

then your and your ex-husband has to give a petition to High Court withdraw.

हाई कोर्ट को दया आ गयी तो ठीक न तो मुकदमा चलेगा

1 Like

(Guest)

Agree with Sudhir ji. If HC does not pity you and grant your petition, case will go on trial and if ex hus found guilty he will go jail or he might be acquitted. Once acquitted, he may want to pursue perjury against you, as a result you can go to jail 7 years.

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Sachin (N.A) 02 April 2017

Originally posted by : Rue
	I have suffered a lot but still i can let go .what will b the procedure for quashing498a at this stage..plz answer other queries too.

You can file quash petition in HC.for quashing of 498a

For DV Act you can withdraw the case.

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Kumar Doab (FIN) 02 April 2017

Your husband has appealed.

You want to leave for abroad.

Check again. He may agree.

You have been sufficiently advised.

Dr J C Vashista (Advocate) 03 April 2017

If you are ready and willing to compromise prepare a compromise deed and your ex-husband shall have to move to High Court for quashing of FIR in the case u/s 498A IPC, wherein your affidavit/statement has to be recorded before quashing the FIR.

You may withdraw your complaint u/s 12 of the Protection of Woman from Domestic Violence Act, 2005 any time from the Court, if you are satisfied and do not want to proceed.

However, since you have already been remarried, without being legally divorced and your ex-husband came to know, you can be prosecuted u/s 494 IPC and imprisioned on conviction.

Dr. J C Vashista, Advocate,

# 9891152939

email: majjagdish@yahoo.com

Laxmi Kant Joshi (Advocate ) 04 April 2017

1.you said After divorce decree you both had remarried separately, simultaneously you said he had filed an appeal in the hc against the decree ? Pl.clear it 2. You can withdraw your dv case at any time . 3. 498a is a criminal and non compoundable offence hence trail will be done against it , you cannot withdraw it yourself by saying you don't want this case any more as you want to move abroad , it may be withdrawal only in one condition when you both filed a compromise petition before the jurisdictional hc

Kumar Doab (FIN) 04 April 2017

You have posted that:

“am presently remarried n have a happy family………now the 498a case has started in court long after ive got remarried (my ex is also married now)……………. my exhusband also filed appeal in high court challenging the divorce decree..does withdrawing 498a hav an effect on the appeal(still not started)………. i need to join my present husband who stays abroad”

Take up with your (Ex) husband.

You have been sufficiently advised.