Procedure for Withdrawal of 498A case in India


Procedure for Withdrawal of 498A case in India

What is Section 498a of Indian Penal Code?

Section 498A of the IPC deals with a non-bailable offence, which applies to a husband, or relative(s) of a husband, of a woman, who is/are subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation: For the purposes of this section, “cruelty” means

(a) Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

What types of cruelty does Section 498a deals with?

  • Any conduct that is likely to drive a woman to suicide.
  • Any conduct which is likely to cause grave injury to the life, limb or health of the woman.
  • Harassment with the purpose of forcing the woman or her relatives to give some property
  • Harassment because the woman or her relatives are either unable to yield to the demand for more money or do not give some share of the property.

What is the procedure of withdrawing a complaint filed under Section 498a?

Since the offence under Section 498a is a criminal offence, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction. Please mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC and attach written affidavits from all members of your family stating that they have no objection to this withdrawal.  
 Then Section 498-A case will be quashed. You can also document the settlement that has been agreed between you and your husband and then file a Quash petition in HC and the case would be quashed.

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