My friend has filed a 498A against her husband. Now the case is at the arguments stage in the lower court .?

Question

Now she wants to withdraw the case and rejoin her husband. but is scared if he would file a divorce against her. How can she protect herself? can she reopen the 498a case if he files a divorce case? Please advice.

Answer 1

This complaint under section 498A of Indian Penal Code can be withdrawn by this lady against her husband if the magistrate is satisfied on the grounds for such withdrawal under section 257 read with section 320 of the Criminal Procedure Code. As far getting protection order is concerned this lady can get such orders under section 22 of the Protection of Women from Domestic Violence Act, 2005. Any breach of such protection order passed by the magistrate in favor of this lady can be punished under section 36 of this DV Act.
Section 36 of the DV Act clearly provides: - Penalty for breach of protection order by respondent:-

(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

This lady should request the learned Magistrate to grant her such protection order under section 22 of the DV Act & allow her to withdraw her original complaint under section 498A of the India Penal Code for the time being as she wants to resume conjugal relationship with her husband & in case any domestic violence/cruelty is again committed against her by her husband or her any relatives she can again approach this hon'ble court to get order under section 36 of the DV Act against her husband & his other relatives even under section 498A of the Indian Penal Code once again.

Answer 2

Only offences which are compoundable can be withdrawn, sometimes with the permission of the court and in some cases without the permission of the court. In Andhra Pradesh, Sec. 498A is compoundable with the permission of the court.

Sec. 257 Cr. Pc relates to Summons Cases which are punishable with less then 2 years imprisonment, but Sec. 498A is a warrant case and hence cannot be withdrawn under Sec. 257 Cr.Pc but has to be withdrawn under Sec. 320 Cr.Pc if permitted by the court.

If your friend is using Sec. 498A to harass her husband by filing a false case i dont think her husband will compromise with her and even if he does he will bear a grudge against her which will always make him a dangerous person to live with. You have to think long and hard before filing a criminal case against anyone because the relations will break forever, no use changing your mind in the middle of the trial.

I dont advice your friend to rejoin her husband but rather go for divorce by mutual consent, ask for compensation and submit an affidavit to the court that the couple have decided to go for divorce by mutual consent and hence do not want to pursue the case. If your friend fails to adduce evidence her husband will anyhow be acquitted.

Answer 3

friend filed 498a husband case arguments stage court

Answer 4

hi. in the question above i feel many overlooked this sentense - "can she reopen the 498a case if he files a divorce case?"

This particular line in itself shows that the woman has no plans to live well with her husband. Also, it shows that woman filed false case to "Take Revenge" or "To teach a lesson". With these kind of thought and approach or conditions I dont feel that they will have any good relation or respect to each other.

So she better clear case. Take divorce on her own. And see if she can settle fast rather than making a reunion mearly based on "Conditions"

Answer 5

They should both meet a mariage counsellor individually and later on together. All courts accepts mariage counsellors ' recommendations.if the marriage is irretreivable they will get annulment . she should understand that there is a world outside where she would be loved and accepted as what she is

Answer 6

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RE :My friend has filed a 498A against her husband. Now the case is at the arguments stage in the lower court .?
Now she wants to withdraw the case and rejoin her husband. but is scared if he would file a divorce against her. How can she protect herself? can she reopen the 498a case if he files a divorce case? Please advice.
2 following 8 answers

Answer 7

Take help of reliable mediator and give up ego conflict which is spoiling many holy union.

Answer 8

Try Law and Ethics to receive an answer.

Answer 9

i can give u the best lawyer i mean no 1 criminal lawyer no his name is padmanabha reddy