Question: What Happens When 498a Is Filed?

How long does a 498a case take?

Because even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway..

What is the punishment for misuse of 498a?

Section 498A states that if a husband or relative of 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. The offense under Section 498A is cognizable, non-compoundable and non-bailable.

Can husband filed case against wife?

It means, only a husband can file a criminal case under Section 497 against the paramour with whom his wife had undergone a sexual intercourse. However, a wife cannot lodge a complaint against the woman with whom her husband has physical relationship.

How do I prove a 498a case?

remember 98% of 498a are never proved in court of law. The main evidences that are there in 498a are medical evidence, eye witnesses, watsapp and email messages. sometimes wife also threatens to lodge and harass husband to lodge a 498a case, such threatening calls or messages must be used as defence evidence.

What happens to girl after false 498a?

Section 498A[2] reads out as “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”.

Can police give bail in 498a?

But once FIR under 498a/406 is registered the apprehension of arrests looms even with the guidelines and safeguards as to be mandatory implemented by police. The police can follow the guidelines and can arrest the person . still the offences are non-bailable and possibility of an arrest looms on the person.

Is 498a valid after divorce?

The top court has held that prosecution under Section 498A of IPC or under other provisions of the Dowry Prohibition Act will not be sustainable once a couple has separated under the pertinent law. The maximum punishment under penal provisions goes up to five years in jail along with monetary penalty.

How do I withdraw 498a after chargesheet?

498a case is non-compoundable. The procedure to close this case after the charge sheet has been filed is to file a compromise petition before court and the witness can turn hostile before court after which the court will acquit the accused and the case will be disposed accordingly.

How do I file 498a?

Complaint at CAW Cell/ Mahila Thana/ Parivar Pramarsh Kendra: This is the first step for 498A in most of the states. A complaint is lodged in Police Station which is transferred to CAW Cell. Reconciliation Process at CAW Cell/ Mahila Thana: CAW Cell tries for reconciliation/ settlement between the parties.

Can wife take back in 498a?

The charge against section 498A is non compoundable, So, your wife can not withdraw it of her own, 2. She has to give such evidence before the Court which will exonerate you.

Can 498a case be withdrawn?

You can withdraw the sec 498a case as it is a compoundable office. For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case. Thereafter the case will be withdrawn.

How do I settle my 498a case?

Before settlement of 498a you should settle the pending case in family courts if any.by taking the divorce or settle through out of courts. ( by deciding to stay with husband) so 1st remedy is you should settle the family court case first.

Can 498a be quashed?

The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based. … if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC.

What to do if 498a is filed?

Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.

Is 498 a bailable?

An offence under Section 498A is non-bailable, where bail is not a matter of right but dependent on the discretion of the court. It is non-compoundable so that the victim is not pressured into compromise. And it is cognisable in that a police officer can make an arrest without a warrant from the court.

How do I remove my name from 498a case?

U can file a petition under section 482 cr. p.c before high court in whose jurisdiction fir registered praying to quash the fir and stay of further proceeding arising out of fir including arrest.

How many cases can wife file against husband?

legally speaking, there is no limitation to file 498 A. Wife can file it anytime, but now a days court courts are bit soft against in laws and generally ask wife for delay of so many years to file the 498 A.