Legal Question in Criminal Law in Indiana
Regarding withdrawal of case 498a
my brothers wife had lodged 498a aganest my 6 family members in cluding my brother in saudi.
as now trial is going to start she want to withdraw the case.
she is asking my brother to be back for mutual consent and also for signing divorcee. we are from india
but we lost trust on her and my brother not ready to come to india without withdrawing the case.
my question is ''is it possible or not possible to withdraw the cases without my brothers absence''. is my brothers presence is must for withdrawal of cases.
my brother totally dont trust her as she had lodged fake cases my family and old parents, he isnot at all ready to comeback untill she withdraw the cases.
please help us in this regard, can cases be withdrawn in his absence, she lodged the cases now why shud she need his presence while withdrawing.
4 Answers from Attorneys
Re: Regarding withdrawal of case 498a
There is no question of trust or mistrust. The issues can be settled in court. The parties may file a joint affidavit in the court about settlement of all the issues; and you people may deposit the money to be paid to the lady in the court which money she may withdraw at the time of final decree/order/settlement.
Re: Regarding withdrawal of case 498a
Your brothers presence is not required for withdrawing the case lodged by his wife.
Re: Regarding withdrawal of case 498a
Case U/s.498-A can not be withdrawn or compounded.
However, in appropriate cases, high court can quash the same. Ask wife of your brother to approach high court.
Presence of accused is not necessary.
Re: Regarding withdrawal of case 498a
she needs to quash the case by order from High Court
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