Quick Answer: What Is The Difference Between 498 And 498a?

What happens after chargesheet is filed in 498a?

Final report means that the police has come to the conclusion that no crime is made out.

Framing of Charges/ Discharge: After the chargesheet has been scrutinized by the accused/ their lawyers, the court proceeds to frame the charges, i.e.

telling the accused on what crimes they have charged you..

How do I cancel my 498a?

Since the offence under section 498a is not compoundable the FIR canot be cancelled or no compromise can be arrived at on this to cancel the case. You have an option to file quash petition in which she will give an affidavit expressing her no objection by which the high court will quash the FIR.

What is the punishment for dowry harassment?

Penalty for demanding dowry.- Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

When can 498a be filed?

Over five months after a three-judge Bench of the Supreme Court ruled that an estranged wife can approach courts at a place where she has taken shelter after being driven out of her matrimonial home in order to file complaint under Section 498A of the Indian Penal Code, a two-Judge Bench has reiterated this position.

How do you prove 498a false?

In such a case a man can allege that he’s being wrongfully framed in the case. Under the belief that the case filed under section 498A filed by the woman against her husband or his relatives is false, a counter lawsuit can be filed under section 227 (violation of condition of remission of punishment) of the IPC.

Is 498a a ground for divorce?

Section 498A IPC: Acquittal may become a ground for the husband to seek divorce due to mental cruelty [Read the Order] … 2019 has observed that once acquitted for an offence under Section-498A, husband can claim curelty and seek divorce.

What is the cost of anticipatory bail in India?

An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

Is adultery a crime in India?

India’s top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.

Is 498a bailable Offence?

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.

Can you take back 498a wife?

Yes, we advise people not to marry 498A abusing girls and their families. … We also advise that you must not take back a 498A abusing wife. 3. We advise you not to pay money or settle false cases and support our members to fight cases on merit.

What is the bail amount for 498a?

3,00,000/- for past maintenance and a sum of Rs. 12,500/- per month as future maintenance to his wife and child. In a proceeding under section 438 of the Code, the Court would not be justified in awarding maintenance to the wife and child.

What happens if 498a is proved?

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.

Can husband filed case against wife in India?

The wife can file a complaint against husband under Section 498A, IPC, The Hindu Marriage Act, 195 and the Domestic Violence Act, 2005. … In such cases, the husband had no remedy since the laws of India are tilted towards in favour of women.

How long does a 498a case run?

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

Can 498a be filed after 7 years of marriage?

Can 498a be filed after 7 years of marriage? … Yes, there is no limitation of number of years of marriage on filing 498a. However, that doesn’t mean that a wife or her relative can a file 498a on the husband anytime they wish. As per CrPC 468, the limitation on filing of 498a is 3 years from the last alleged incident.

What is the end of 498a case?

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.

How do I get bail in 498a?

Procedure to get an anticipatory bail As soon as you hear about a complaint being filed against you under section 498A, you should take the following steps: Immediately 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.

Can a woman file 498a after divorce?

New Delhi: There cannot be an FIR against a man and his family members under dowry harassment charges after divorce, the Supreme Court has ruled. … Therefore, the bench said, where the complainant approaches with a case that there has already been a divorce, Section 498A will not be attracted.

What is 498 a case?

Section 498-A: Husband or relative of husband of a woman 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.

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.