How do you close a 498A case?

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.

What Supreme court says about 498A?

The judgment says that the cases related to Section 498A shall be investigated only by a competent designated officer of the area and the same shall be under the superintendence of senior officer so that investigating officer does not misuse or abuse his powers of arrest.

Is Section 498A Compoundable?

Section 498-A IPC is non-compoundable. Non-compoundable offences are those where the court cannot record the compromise between the parties and drop charges against the accused.

On which case is the definition of cruelty under Section 498A of IPC was challenged being violative of Article 14 of the Constitution?

v. Union of India & Ors., 1994 Cri. LJ 3472, the Full Bench of Punjab and Haryana High Court was called upon to consider the challenge that the classification of the husband and his relatives for the purposes of Section 498A was discriminatory and violative of Article 14 of the Constitution of India.

Can wife withdraw 498A case?

498A case is non-compoundable. Even the wife can’t withdraw the 498A,once the FIR lodged other than getting it quashed in the higher court. If the charge sheet is not filed yet by the police then she can give a restatement.

Is Section 406 IPC compoundable?

An offence of Section 420 is compoundable but with permission of the court while an offence of Section 406 is not compoundable at all. If they did not supply the goods, they might be liable in a criminal Court under Section 420, I.P.C., but certainly not under Section 406, I.P.C.

Is Section 498A non bailable?

498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.

Can police file closure report in 498A case?

Police can file closure report if no evidence is found against the alleged persons, before the concerned magistrate. No police has no power to cancel FIR the police as per it’s investigation can only submit report based on which the court decides.

Can a 498A /406/34 IPC be converted into recovery proceedings?

Proceedings under Section 498A /406/34 IPC are not to be converted into recovery proceedings. However, it is the desire of a Court to try and ensure that matrimonial disputes are resolved. Attempts were made in the present case in this direction, but unfortunately have failed.

What is the time limit for offences under section 406/498-a?

As referred to above, under Section 468, Cr.P.C. the limitation for the offences under Sections 406/498-A, IPC is 3 years. Under Section 469, Cr.P.C. the limitation shall commence on the date of offence.

Can arrest be made after filing a 498A?

Though as per supreme court guidelines arrest cannot be made as soon as 498A is filed better to get anticipatory bail. First take a anticipatory bail in the said matter. After that file a divorce petition in the family court. Don’t attend the police station without securing anticipatory bail or interim order in the same.

What is Section 498 a and 406 of Indian Penal Code?

The order issued by the Commissioner of Police clearly states that any arrests under sections 498 A (matrimonial cruelty) and 406 (criminal breach of trust) of the Indian Penal Code will be made with prior permission of a Deputy Commissioner of Police (DCP).