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please help us in this regard, can cases be withdrawn in his absence, she lodged the cases now why shud she need his presence while withdrawing.


Asked on 4/24/09, 3:44 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 4/24/09, 10:07 pm
Pranav Desai PD Legal & Associates

Re: Regarding withdrawal of case 498a

Your brothers presence is not required for withdrawing the case lodged by his wife.

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Answered on 4/27/09, 8:10 am
Shrichand Nahar S.V.Nahar, Advocate

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Case U/s.498-A can not be withdrawn or compounded.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.

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Answered on 4/25/09, 1:41 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regarding withdrawal of case 498a

she needs to quash the case by order from High Court

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Answered on 5/09/09, 9:24 am


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