Can we withdraw 498a case?
How to withdraw a 498a IPC case? Can we withdraw 498a? How to withdraw 498a FIR? Can a wife be allowed to withdraw a FIR before or after Charge Sheet is prepared?
- Withdrawal of FIR u/s 498a IPC can not be done by wife.
- For withdrawal high court gates need to be knocked.
- Rajesh Sharma Judgment gives exclusive powers to District Court or even session judge but that power was restricted down vide Social Action Forum for Manav Adhikar Judgment by CJI Supreme Court of India i.e., JUSTICE DIPAK MISRA and other justices dated 14 Sep 2018
- 498a is non-compoundable but in the state of andhra pradesh and telangana, this is compoundable
- 498a may be shown as contested withdrawn
- Police may file FR i.e., Final Report in order to nullify it but that is NOT called as withdrawn as that may open defamation suit filing possibilites against the wife.
- If wife withdraws some allegations from FIR then defamation may be filed immediately
- It is an offence which is NOT permitted to be withdrawn
- since state is involved and the name of complainant is not there in case heading hence she cannot withdraw any case in which she is not shown as a complainant.
- 498a is a State vs HUSBAND case. It is NOT a Jane Doe versus John Doe type case which may be withdrawn.
- Lower court does not have powers to allow such withdrawal.
- If settlement Zero Cost or No Cost or settlement at some amount has been agreed then Quash may be filed but that is NOT called as withdrawal of 498a
Free Consultation for Non-Resident Indians trapped in false 498a & also for Indian residents can be obtained by visiting the below link:-
A Non Resident Indian (NRI) husband when trapped in a false 498a FIR looks for help seeking Quash Petition or Samples of a Quash Application u/s 482 Criminal Procedure Code.
ReplyDeleteBut, in order to have a better discussion on the dowry laws procedures and especially relating to closing of a false FIR under section 498a ipc FIR, then as per Atur Chatur, one may contact the NRI 498a Helpline in India for the NRI husbands.
NRI QUASH
http://www.nriquash.com
The above website for NRI Quash relates to some steps which may be done by a NRI before he files a quash petition so that the chances of success of a Quash Petition are higher for the simple reason that a Quash u/s 482 crpc or a Bail or Anticipatory Bail u/s 438 or u/s 439 CrPC may comes with conditions such as:-
- Travel Restrictions
- Passport Impounding
- Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc
Hence, vis-a-vis a NRI Men Cell or a Helpline for the NRI's especially for the NRI husbands to counter false 498a, the help may be sought from:-
http://www.nri498ahelpline.com
Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
http://www.humanrightsofnri.com
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://quashpetitionfir498adiscussiondowrylawhelplinenri.mancell.org/
A Non Resident Indian (NRI) husband may start looking for best NRI Lawyer in Delhi when his wife goes to Crime Against Women Cell (CAW) in Delhi and she files multiple false cases against the Non Resident Indian Husband vis-a-vis false dowry claims.
ReplyDeleteInstead of a best NRI Laqwyer in Delhi or a best NRI Dowry cases lawyer in Delhi or a best 498a counter cases Lawyer in Delhi or best advocate in Delhi, it is suggested to the NRI to get in touch with aturchatur and file a LTR as per the given link below:-
http://www.socialstigma.in/2017/10/how-to-close-false-caw-or-false-fir.html
Hence, when a Non Resident Indian's wife leaves USA and goes to India without his consent or avoids to come back to USA/ abroad with the NRI, then the NRI must immediately file a LTR instead of waiting for the wife to take a step ahead.
Similarly, a LTR Fair and Unbiased Investigation and also a LTR Protection from False and Arbitrary Arrest and also a LTR Protection from False Cases, are the three major types of LTR which a NRI may file immediately when a wife goes to CAW or a FIR is lodged at PS.
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://falsenri498abestlawyernridivorcedowrycasesindelhi.mancell.org/
Men's Helpline in Delhi for NRI's is provided. The help is also provided to men/ boys/ husbands who are not a NRI (non resident indians)
ReplyDeletehttp://mencelldelhi.mencell.org
Call:- 9873540498
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