Can wife withdraw 498a case?
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Can wife withdraw 498a case?
498A case is non-compoundable. Even the wife can’t withdraw the 498A,once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement.
How do I withdraw from 498a FIR?
You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.
Can FIR under 498a be withdrawn?
What is the procedure of withdrawing a complaint filed under Section 498a? Since the offence under Section 498a is a criminal offence, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction.
Can case be withdrawn after FIR?
Once you register an FIR it becomes an offence against State and therefore you can’t withdraw it.
Can chargesheet be withdrawn?
Once it is registered as criminal case the police cannot withdraw it however they can an application withdrawing from the prosecution on technical grounds upon permission given by the Government.
Can 498A case be withdrawn before chargesheet?
You can file a case for harassing you by filing false case against you which will be easier for you to prove with the court order dismissing the 498A case. No it cannot be withdrawn as it is not an offence which is permitted to be withdrawn.
Can case be withdrawn after chargesheet?
Nothing much. During the pendency of investigations, all you can do is to keep in touch with the IO. A charge sheet is submitted at the end of investigation.
How do I withdraw 498A after chargesheet?
- No. Section 498A of IPC is non compoundable.
- Get an affidavit from your wife affirming that she had lodged the said complaint out of domestic rage and then submit the same to the police.
- After submitting the said affidavit of your wife, you will get the AB from the Court.
- Finally file a quash petition u/s482 of Cr.