Legal Question in Criminal Law in India

Regarding withdrawal of 498A case and bigamy

Sir,i had logged complaint against my husband 498A and bigamy.It is a genuine case with proof submitted and investgated and had arrived at this decision as he wasn't living nor letting me live and torturing in many different ways for money.Now as the charge sheet is going to be sent to the lower court they have asked sory and also made request to withdraw the compaint.However due to several reasons am not going to live with him and want mutual divorcee which he is also now ready to give.The main confusion is sir some say that we can directly through police submit it to high court and compromise the case.Some say the charge sheet has to be sent to lower court only.Now sire firstly even though it is a genuine case i am not claiming any compensation from them nor iam a very rich gal.As you know ifit goes to lower court then lots of money to be given to different sources and lawyers...By rule is it only lower court or can we approach high court directly.Please need some urgent help as going to take some major decisions on thii.Thanks fo your time.


Asked on 6/02/09, 10:38 am

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Regarding withdrawal of 498A case and bigamy

You need to approach high court with prayer of quashing of case.

Since a case U/s.498A is not compoundable, lower court can not grant you relief.

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Answered on 6/03/09, 1:05 am
KAMAL GROVER

Re: Regarding withdrawal of 498A case and bigamy

You can directly approach to the high court. But plz do one agreement and ask for your dowry and other settlement amount. In this suituation, as you mentioned, he will definatly agreed for the same and has to shell out about 5 lacs lum sum and thereafter permanent maintenance also.

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Good Luck.

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Answered on 6/03/09, 3:54 am
Pranav Desai PD Legal & Associates

Re: Regarding withdrawal of 498A case and bigamy

You may approach high court.

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Answered on 6/03/09, 7:43 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regarding withdrawal of 498A case and bigamy

you can approach High Court directly

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Answered on 6/03/09, 8:55 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Regarding withdrawal of 498A case and bigamy

You may approach the High Court also directly on the basis of the compromise. However, it may be better if you insist for your money claims.

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Answered on 6/02/09, 10:41 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Regarding withdrawal of 498A case and bigamy

you or your husband can appraoch high court directly for quashing of criminal proceedings on the basis of compromise. however you must insist for permanent alimoney or maintenance from your husband in lieu of compromise

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Answered on 6/02/09, 10:55 am


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