Quick Answer: What Happens If 498a Is Proved?

What is the punishment for 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Can 498a be withdrawn?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 Thereafter the case will be withdrawn.

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.

Is bail is possible in 498a case?

Generally the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case.

How can I get regular bail in 498a case?

How to get bail and avoid police custody in a dowry case under Section 498AImmediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.Draft an anticipatory bail application along with your lawyer and sign it.The application must also include an affidavit in support of it.More items…

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 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.

How do you prove a 498a case is false?

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

How do you fight false 498a?

File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.

Can husband File Case Against Wife parents?

The husband has to take legal steps to safeguard his interests in protecting himself from possible criminal complaints that the wife’s family may initiate including dowry harassment, marital cruelty u/s 498A and 406 IPC, maintenance claims etc. … u can file FIR in PS of ur area under 362 of ipc against her parents. 2.

How do I remove my name from 498a case?

At pre trial stage it the investigation officer who is empowered to include the name of accused or any person in the criminal case. U can file a petition under section 482 cr.

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.

Can I travel abroad with 498a?

With the leave of the Court you can travel to abroad. … The 498A case is a criminal case, whether there is a restriction to travel abroad or not, the accused is required to be present before the trial court on the dates of hearing until his presence has not been dispensed by a court of law.