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Last Updated On 07-Nov-2023
Criminal

Anticipatory Bail in Case of 498a FIR

My wife filed a FIR against me two weeks back with 498a section, but now she is ready to take it back. Do I have to still take a anticipatory bail from court even if she is ready to come to police station and give her statement to take the FIR back? Will the police still arrest me saying as a part of there process? Please advice.

( Pune, Maharashtra )

06-Nov-2023

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A.
Dear Client,
FIR filed cannot be taken back. If both you and your wife are willing to resolve the matter amicably, you can approach the High Court under Section 482 of CrPC to quash the FIR. To avoid arrest, you may consider applying for anticipatory bail.
Posted On 07-Nov-2023
Vidhikarya
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Hi client,

An FIR once lodged cannot be taken back from the police station. You need to go the court to quash it. It is always better to apply for bail, to avoid risk.
Posted On 07-Nov-2023
Simi Paul Advocate Simi Paul
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Dear Sir,
No, you need not take any anticipatory bail and ask your wife just give her further statement that now yourself and your wife compromised.
Posted On 07-Nov-2023
Kishan Dutt Kalaskar
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