Legal Question in Criminal Law in India

During the pendency of my Divorce petition in the year 2010,my wife filed a case u/s 498A r/w 34 & 107 against me, my mother, my brother-in-law and my sister. She did not register a FIR in Police station but filed a case in the Court of CJM. We filed anticipatory bail in High Court and High Court granted the bail.Subsequently, we both arrived at divorce by mutual consent U/s 13B of HMA and one time permanent alimony was also arrived at. We were granted Divorce on April 2012. At the time of applying for mutual divorce and also on the date of grant of divorce my wife had said on Affidavit that she will take back the 498A case against my family. But even after lapse of one year, she had not withdrawn the case. She does not appear before the court and puts leave application through lawyer. My question is:1) Since it is a complaint case and not a police case, hence is it possible to withdraw the case. if yes, under which section and how? 2) If she does not takes back the case, is there any steam left in the case and can we appeal for its dismissal on ground of non-appearance of petitioner. I do not know, if state is a party because nothing is mentioned in the copy of petition given by her.3)Is there any method/way we can get rid of this 498A from our family.
P.S: We have filed the certified copies of Divorce as well as Affidavits sworn by her in the court where 498A is registered.

Asked on 4/12/13, 7:41 am

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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If she has given a statement at the time of divorce that she would co operate in quashing, you can move a contempt against her.

Answered on 4/13/13, 12:19 am

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