The 498A case under the Indian Penal Code is a criminal complaint that alleges cruelty and harassment by the husband or his family towards the wife.
In some cases, parties may choose to resolve the issues in the case through an amicable settlement and reach an agreement on the terms of the divorce. In such cases, the parties may be interested in withdrawing the 498A case.
Withdrawing a 498A case can be a complex process, as it requires the court to be satisfied that the withdrawal is in the best interests of justice.
I am Supriya Gill, a lawyer and in this article, we will discuss the steps involved in withdrawing a 498A case when the parties have reached an amicable settlement to divorce.
We will explain the process of filing a petition for withdrawal, the factors that the court may consider in deciding whether to grant the withdrawal and the effects of the withdrawal on the parties involved.
The best way to withdraw a 498A case is by applying for quashing of FIR in the High Court under Section 482 of the Criminal Procedure Code. You need to file a petition for withdrawal under Article 226 of the Constitution of India, mentioning that the parties have reached an agreement to divorce mutually and the issues in the case have been resolved.
The court will then carefully examine the facts and circumstances of the case before issuing an order for the quashing of the FIR. However, if the court is not satisfied with the terms and conditions of the compromise, the petition for quashing may be rejected.
The process of filing a petition for withdrawal of the 498A case
For withdrawing the 498A case after a settled divorce, you need to file the petition under Article 226 and Section 482 of the CrPC. You should mention in the petition the grounds on which the FIR should be quashed. The whole process is discussed below:
Step 1: File a joint writ petition under Article 226 of the Constitution and Section 482 of the CrPC in the High Court, seeking quashing of FIR.
Step 2: Provide grounds for quashing the FIR under 498A in the writ petition such as a decree of divorce, a written settlement agreement signed by both parties, etc.
Step 3: After the petition is filed, the court will set a date for a hearing. Both parties should attend the hearing and be prepared to provide any additional information that the court may require.
Step 4: During the hearing, the parties may be required to provide evidence of the amicable settlement and the reasons for the withdrawal.
Step 5: After the hearing, the court considers the petition and the evidence provided by the parties. If the court is satisfied that the withdrawal is in the best interests of justice, it may grant the petition and dismiss the 498A case.
How to withdraw a 498A case after a settled divorce if FIR is registered, and the Police have not filed the chargesheet in the Court?
If you have lodged FIR but the Police is still investigating the case and have not filed the chargesheet in the Court yet, and you want to withdraw the 498A complaint. In this scenario, both the parties i.e, the complainant(wife) and the accused (husband) need to inform the Police about the settlement to divorce mutually and you want to withdraw the case.
Police cannot cancel the FIR itself. But police can record the statement of the wife regarding the settlement to divorce mutually and to withdraw the 498A case. After this, the Police can file the Cancellation report in Court.
Once the cancellation report is filed in court, the court will consider the report and decide whether to accept or reject the recommendation of the police. If the court accepts the cancellation report, it may dismiss the case and close it. In some cases, the court may also decide to further investigate the matter or order a further inquiry.
The factors that the court may consider in deciding whether to grant the withdrawal
The Court considers various factors while deciding whether to grant the withdrawal of the 498A case. Some of the factors are:
- The Court considers the evidence of settlement between the parties and the terms and conditions of the settlement agreement.
- The court will consider the reasons for the withdrawal, such as the desire to reconcile or the settlement of outstanding financial issues.
- The court will consider the impact that the withdrawal of the 498A case will have on the parties involved, including any potential harm or benefit to either party.
- The court will consider the impact that the withdrawal of the 498A case will have on society as a whole, including the message it sends about domestic violence and abuse.
- The court will consider whether the withdrawal of the 498A case is in compliance with all relevant legal requirements, such as the provisions of the Criminal Procedure Code and other relevant laws.
- The court will consider the public interest and whether the withdrawal of the 498A case is in the best interests of justice.
Note: If you are considering withdrawing a 498A case, it is advisable to seek the assistance of a qualified lawyer who can guide you through the process and help you understand the implications of the withdrawal on your individual circumstances.
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