Legal Question in Criminal Law in India
Withdrawing 498A case is psbl in police station on basis of mutual divorce?
By obtaining a mutual consent decree can the 498A case be withdrawn or closed at the police station itself?The hearing for the accused were done for the bail only and the charge sheet is not yet sent.When a girl compromises in the high court and if a mutual decree is obtained then can the girl go to the police station and withdraw the case showing the decree and stating that it has been compromised?is there a provision if so what is it called as?how long will it take and does police have to take any approval from anyone?
7 Answers from Attorneys
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
Not possible to withdraw in Police Station. You may chose to file an application for quashing of the FIR.
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
If the matter is compromised in the High Court, the FIR and all other proceedings can be quashed directly by the HC under Section 482 Cr. P. C. There may not be any requirement of contacting the police.
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
1. Police can not close the case U/s.498A as withdrawn.
2. Presently available option for getting away with 498A case in case of a settlement is to obtain an order of quashing of case from the high court.
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
no it cannot be withdrawn in police station. it is quashed by high court only on moving petition there.
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
No case cannot be withdraw itself. It should be through high court. To engage us plz contact at
M:09814110005
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Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
no there is no such provision, 498-A has been made Non-compoundable and only remedy is quashing on the basis of compromise in the high court
Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?
contact local advocate with full details.
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