Legal Question in Criminal Law in India

regarding 498a

Dear Sir,

My son doctor by profession married to a doctor from banglore in 2002 without any dowry. after two years of marriage my son left to saudi on job, he visits india in 60 days vacation every year. they have two sons, he is been requesting his wife to shift to saudi which always she postped as she want to be with her widow mother. later she started demanded money , which he refused to send as she is in her parental house. it lead to misunderstanding and last year after his depature to saudi she lodged 498a agenst myself mywife two daughtr and elder son. in his absence since 5years she never cared us. but through 498a she jailed myself 78years my wife 65 years and my elder son 44 , later we got bail and my daughtr got anticipry and regular bail. now charge sheet is send from ploice to court, next date is in july. now my sons wife want to withdraw the case, she is forceing us to call our son from saudi for withdrawal of case, she and her advocate are telling '' charge sheet is submitted to court , so your sons presence is needed for withdrawal of case''. please sir already we been suffering since one year shall i call my son or not, can she withdraw/quash the case by herself or not. forcing to call my son.


Asked on 5/02/09, 10:38 pm

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: regarding 498a

There is no need for your son to be personally present when his wife quashes the complaint u/s. 498A

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Answered on 5/05/09, 6:41 am
Shrichand Nahar S.V.Nahar, Advocate

Re: regarding 498a

Withdrawal of a criminal case U/s.498A IPC is not possible.

In case your daughter-in-law opt for quashing of case, that she can do herself without any accused.

In any case, all the accused, including your son in Saudi can be represented by his/her/their lawyers and physical presence of nobody is necessary.

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Answered on 5/03/09, 1:25 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: regarding 498a

Ask her to quash the case.

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Answered on 5/05/09, 9:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: regarding 498a

Your son may apply for quashing of proceedings on the basis of her affidavit, without visiting India, if a comprise is reached between the parties.

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Answered on 5/03/09, 3:09 pm


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