Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: 498 A is it compoundable?  (Read 712 times)

0 Members and 1 Guest are viewing this topic.

Offline anuvupp

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
498 A is it compoundable?
« on: January 10, 2017, 12:20:23 PM »
Hello Team,

is 306/ 498 A/ 34 IPC compoundable in all  states ? Or it is different in few states. I have read in few websites that it is compoundable only in AP, Rajasthan ..Kindly advise !!


Thank you
Anu

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 560
  • Karma: +16/-16
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: 498 A is it compoundable?
« Reply #1 on: January 13, 2017, 03:16:33 AM »
Yes, its different in different states. But even if its not compoundable, you can easily get the same quashed if there is a compromise between husband and wife.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline anuvupp

  • Newlaw
  • *
  • Posts: 2
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: 498 A is it compoundable?
« Reply #2 on: January 13, 2017, 12:59:22 PM »
Sir,
Seeking your kind legal advise for  cases i am battling for the past few years.
Case 1.   I had filed against my husband (from Warangal) under sec- 306/ 498 A/ 34 IPC in 2013.After sending multiple notices and no response from him , a warrant was issued and was arrested in July 2015. He again sought mediation and file was sent to mediation cell in Sept '15 . Mediation cell gave 2 dates (1st -sept and 2nd in oct) for which he did not appear. With these issues file was sent from mediation cell and finally nbw got issued in March 2016.
Case 2.    In Mar '14, case filed under 499,500,506,420, 156(3) crpc in the year Feb 2014 filed a private case in Jangaon court.PS: 1st notice in this case is also received by us in Nov 2016
Finally with many mediators, my husband came up for compromise,  deed written in June 2016 in Delhi n submitted to judge in July 2016 and then next date was given as 1st Dec 2016 - HC for quashing.

In the compromise deed it was very clearly written that the outstanding case in Jangaon court would need to be closed and then petition for quash of Delhi case in HC would be done. From June till Dec 2016 no effort was made to get the Jangaon court case closed.
Since they were not making any effort, me and my father had gone to Jangaon court in Sept, Nov ’16 with prior intimation to mediators. Finally I approached legal services as my husband was defying the compromise agreement and date for hearing in Delhi was also nearing.
Now in the legal services chairman cum civil judge heard my issue, summoned him for 1st Dec 2016 and finally both parties appeared but even in front of lok Adalat, my husband turned hostile and started defying the compromise copy stating he will withdraw Jangaon case if only I withdraw in Delhi first.  The judge to convince both parties got the signatures of both of us and reserved the order with her and asked me to submit the withdrawal of Delhi order copy so that she can give the award and gave next date as 4th Feb 2017. She said it should not be problem to close 498A in lokadalat or even in the court where case is being held if I can agree in front of judge for withdrawal.

I am running from pillar to post to get the cases closed and on other hand my husband is torturing me to the fullest

In Delhi case, with lot of efforts and mediators he came up for compromise.
In Jangaon case too, I myself petitioned for withdrawal based on compromise copy which should have been his job as per the agreement. Instead of getting the Jangaon case closed, he came up with new twist for withdrawal just before the order copy was being signed by judge.
I came back to Delhi, gave application in the court about the status of Jangaon case and she ordered for notice to my husband and date is 2nd may 2017.
Now , the date given in Jangaon court  is 4th Feb 2017 for me to give Delhi withdrawal order copy where as I will not get it before 2nd May 2017. I am afraid the Lok Adalat judge might cancel the order which she reserved and I will need to appear for case in Jangaon too.

Praying for your help regarding:
1.   My lawyer says 498A is non compoundable and need to be sent to HC. Please confirm so that when I go to Jangaon I could inform the judge that it is not the compoundable case in Delhi as in Telangana state  ( I have searched over internet and found that 498A is compoundable only in AP , TS and Rajasthan).
2.   Now even if I withdraw in Delhi what if my husband turns hostile again as he had already defied the compromise agreement.
3.   Should I seek additional time till May in Jangaon so that i could get the Delhi case closed on 2nd May 2017 and take the order copy to receive the award of case closure in Jangaon

Thanking you
Anu

Offline Dr Katta Venkata Rama Krishna

  • Newlaw
  • *
  • Posts: 7
  • Karma: +0/-0
  • Advocate/ rtd Sr Director, Govt of India
    • View Profile
Re: 498 A is it compoundable?
« Reply #3 on: January 15, 2017, 03:43:40 AM »
 In Telangana/ AP, it is not compoundable.  Ur lawyer is correct.

Who should withdraw first has to be decided by u in the light of facts and proceedings of the case, in consultation with the lawyer appearing on ur behalf.
« Last Edit: January 16, 2017, 08:32:40 AM by admin »
Adv Dr KattaVenkataRamaKrishna, MA(Eco) BL(Gold Medal) MSc(Psy) MBA(Gold Medal) MPhil PhD PGDip Trg&Dev, PGDip TempleCulture(Gold Medal) PGDCL(Cyber Laws) CIC CAIIB BScHMD(Lond)FBIH (Lond) MDPhD

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 560
  • Karma: +16/-16
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: 498 A is it compoundable?
« Reply #4 on: January 20, 2017, 01:00:42 AM »
No you cannot withdraw the case if FIR is registered, There is no such law exist in India.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline hitesh911

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
    • Gas Booking
Re: 498 A is it compoundable?
« Reply #5 on: January 23, 2017, 10:58:36 PM »
Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a “yes, sir” when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC.
“The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the ..

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 560
  • Karma: +16/-16
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: 498 A is it compoundable?
« Reply #6 on: January 30, 2017, 07:22:56 AM »
its just a proposal and nothing else. As if now its not changed.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
Get Free legal Advice here from top notch lawyers in India