in Criminal Law
Asked September 16, 2015

What is the best way to withdraw a 498A case by victim herself ?

  • 1 Answer

Filed a case of 498a in Pani gate City Police station, Vadodara  Its details are as follows:- Have FIR  no:Yes, Date: 5/4/2013 Time: 22:45 pm Act IPC sections 498(7) 323 Have General diary reference entry number: Yes,  Type of Information: Written Place of Offence: Vadodara. Police Station address (one of the below):   CITY POLICE STATION,  Opp Jamna Bai Hospital, S M Mandvi Varutrai,  Vadodara-390000 Phone#: 0265- 2561310  PANIGATE POLICE STATION, Near Panigate Darwaja,  Panigate Road,  Yakutpura,  Vadodara-390019 tel:+91-265-2562899. Information received at Police station: Yes   I want to withdraw the aforesaid case and clear the names of all accused, namely •Husband •Sister in law-2  •Sister in law-1  •Ex-husband of Sister in law 1 •    and mother-in-law    I, husband & in-laws have mutually decided to have out of court settlement of all matters pertaining to the case and want to lead a normal married life for the sake of our 3 year old son   •    Can i ask the police station to furnish me all copies of the case papers (issued till date) in reply using RTI ? •    Can I know which police station, PIO, high court and judiciary body is assigned to the case through RTI ?  •    How can I get the case easily dissolved easily without spending any more money and encountering any more lawyers? (procedure step-by-step)  2.    Also please let me know, can I submit printed/ hand-written & signed NOC for the case closure, by all witnesses to the case, so that I can get the work done faster if they cannot be physically present for the same ?  Finally, reason i am asking this is because husband's lawyer suggested to go to Ahmedabad and appoint 2 seperate lawyers for each party and get it resolved from there. total fees were stated as 45,000/-. i am not willing to go for this procedure as i don't have that much money. What is the best way to resolve the case without too much hassle and emotional hurt ? I have been traumatised by the whole incident and scarred for life and need a quick solution to this problem and hence good life for me and my son.

Answer 1

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Shruthee Srinivasan
Section 498A of the Indian Penal Code was inserted into the statute by Criminal Laws (Amendment) Act, 1983. It provides for punishment upto three or years or fine or both, to the husband or relative of such husband of a woman, who alleges that she has been subjected to cruelty. Under our Criminal laws, some offences are compoundable, while some are non-compoundable.
  • Compoundable Offences are of less serious nature and can be mutually settled between the parties without prior permission of the Court. These are offences like adultery, causing hurt, defamation, criminal trespass etc.
  • For Non-Compoundable offences, Court permission is required before the parties can decide to mutually settle the matter among themselves. Examples of such offences are theft, criminal breach of trust, voluntarily causing grievous hurt, dishonest misappropriation of property etc.
The Code of Criminal Procedure lays down the list of offences that are compoundable. Section 498A does not feature among them. The idea behind keeping offences under Section 498A as non-compoundable, non-bailable and cognizable (i.e. arrest without warrant) is because it is considered to be a serious crime, not just against the woman but also against the whole society. However, a few states like Andhra Pradesh and Rajasthan have made amendments whereby Section 498A is compoundable offence in that state. If a party wishes to compound a non-compoundable offence, especially Section 498A of IPC, there is another way out. Under Section 482 of Criminal Procedure Code, 1973, the High Court has inherent powers to intervene in a matter and allow the parties to mutually settle the matter. This requires an application before the High Court stating that the parties want to withdraw the Section 498A case, and wish to settle the matter amicably. The step by step procedure is as follows, though there is no hard and fast rule regarding the same:
  • File an application before the High Court stating that you wish to withdraw the 498A complaint for reasons stated thereof
  • Please mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC
  • Attach written affidavits from all members of your family stating that they have no objection to this withdrawal
  • It is better to mention the intention of all parties to resolve the issue amicably, in case they are unable to attend the court proceedings physically
  • Regarding RTI, the same can be filed before the relevant PIO, who in this case would be the police officer where the FIR was lodged. However, to obtain the court papers and other documents, and to know which high court is listed to hear your matter, these information are given to the parties as a matter of routine itself, it should not require a separate RTI. In case you file this Section 482 application before the High Court through a lawyer, he will charge his fees, so some amount of money might have to be spent on this.
    Agree Comment 0 Agrees about 6 years ago

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