It appears that by withdrawal of the case, you meant compounding or compromise in the case.
Since a case under Section 498A of IPC is generally registered with the police by way of FIR, and the police then files the charge sheet in the court after completing investigation, in such cases, the withdrawal of case may be done by the Public Prosecutor or the Assistant Public Prosecutor under Section 321 of the Cr.P.C. It is so because such a case is prosecuted by the State and not by the individual, even if the initial complaint was given by an individual.
Compounding of a case is done under Section 320 of Cr.P.C., wherein both parties arrive at a compromise, and the case can be compounded with or without the permission of the court, as per the provisions of Section 320 Cr.P.C.
However, the offence under Section 498-A IPC is NOT compoundable, either without or with the permission of the court.
But, if both parties have arrived at a compromise in a matrimonial dispute such as this, you can file an application under Section 482 Cr.P.C. before the high court for quashing of the criminal proceedings in the case under Section 498A IPC. The high court has inherent powers to quash such criminal proceedings in a matter of this nature on the basis of the compromise between the parties. For more details on this issue, please read: http://tilakmarg.com/forum/topic/can-stalking-offence-under-section-354-d-ipc-be-compounded-by-parties/.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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