Legal Question in Criminal Law in India

Regarding withdrawal of case 498a
Respected Sir
Sir my brother got married in 2004 and has two sons, he is in UK, from time of marriage his wife is been demanding money, she never shifted to her husband she is with her mother since her marriage and my brother is been visiting her every year in vacation of 60 days. out of wedelock they have two sons. last year she demnanded 5 lakh when refused after he left to uk she lodged 498a last july. we got bail and charge sheet also been submitted to court by women police, it is jst replicate of fir. now she want to withdraw the case so her herself & her advocate contacted us to callup my brother for withdrawal of case. they say his presence is essential for withdrawal. please help us we dont trust her anymore coz we are scared she may book other cases on his arrival.
please let me know weather my brothers presence is essential for withdrawal of cases . can she withdraw case by herself or not. my brother is not ready to visit india till she withdraw the case. and she says till he comes she cannot withdraw the case.

Asked on 5/02/09, 7:17 am

6 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: Regarding withdrawal of case 498a

Case U/s.498A can not be withdrawn, therefore, question of presence of your brother in inconsequential.

Answered on 5/03/09, 1:43 am

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Pranav Desai PD Legal & Associates

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Re: Regarding withdrawal of case 498a

Well!!! it appears nobody has trust in each other. We can say your brothers presence s not necessary for withdrawing the case of 498A unless the presence is required by a specific direction of the court.

Answered on 5/04/09, 5:36 am

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Rajneesh Malhotra Malhotra Advocates

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Re: Regarding withdrawal of case 498a

She is just trying to get him arrested. He will be arrested as soon as he lands in India. Moreover, she has filed the case and she can withdraw it whenever she wishes.

Answered on 5/03/09, 4:58 am

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Bala Gatla Not Applicable

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Re: Regarding withdrawal of case 498a

first of all what are the contents of 498A petition is very important. who got bail, it is either you or your brother. If your brother is also a party to the proceedings and for all these years, if the proceedings are being conducted in the absence of your brother, then there is no need of presence of your brother. She can say the same before the court and withdraw the proceedings, since she is the complainant(defacto)

We cannot anticipate what is going to be done upon arrival of your brother. since (if) he is not in picture from the inception, she can go ahead and represent before the court for withdrawl. search for a good advcoate, it is not that every body is corrupt, some where at your location a decent lawyer would be there.

Answered on 5/02/09, 7:56 am

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