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By obtaining a mutual consent decree can the 498A case be withdrawn or closed at the police station itself?The hearing for the accused were done for the bail only and the charge sheet is not yet sent.When a girl compromises in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?


Asked on 6/09/09, 7:39 am

7 Answers from Attorneys
Pranav Desai PD Legal & Associates

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.

Read more
Answered on 6/11/09, 5:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

Read more
Answered on 6/10/09, 3:49 am
Shrichand Nahar S.V.Nahar, Advocate

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 Police can not close the case U/s.498A as withdrawn.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.

Read more
Answered on 6/10/09, 4:59 am
G. M. Gupta gmguptaandassociates

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no it cannot be withdrawn in police station.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.

Read more
Answered on 6/09/09, 7:41 am
KAMAL GROVER

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

[email protected]

M:09814110005

Being a firm we provide our services all over India

Read more
Answered on 6/09/09, 10:56 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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

Read more
Answered on 6/09/09, 12:07 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Withdrawing 498A case is psbl in police station on basis of mutual divorce?

contact local advocate with full details.

Read more
Answered on 6/13/09, 9:20 am


Related Questions & Answers

More Criminal Law questions and answers in India