498A lawyer in Delhi
A 498A complaint can put a husband, his parents and other relatives under sudden pressure. Advocate Karan Dua advises on anticipatory bail, notices, quashing of FIRs and settlement, personally and in confidence.
Act before the first hearing, not after
Urgent matters are taken up the same day wherever possible. Keep the FIR, notice or complaint copy ready when you call.
Defence at every stage of a 498A case
From the first police notice to trial, with particular attention to elderly parents and relatives who are named without specific allegations.
Anticipatory bail
For the husband, parents and siblings, with interim protection from arrest while the application is heard.
Section 482 BNSSPolice notice stage
Replying to notices and appearing for inquiry, with the arrest safeguards for offences of this kind in view.
Section 35 BNSSQuashing of FIR
Petitions before the High Court where allegations are vague, omnibus or the matter has been settled.
Section 528 BNSSRelief for relatives
Seeking discharge or quashing for relatives named without specific, dated allegations against them.
Kahkashan Kausar (2022)Regular bail & conditions
Bail after surrender or arrest, and relaxation of conditions such as passport release or travel permission.
Bail lawyers →Settlement & closure
Documented settlements, with court permission to compound or a High Court petition to quash.
Mutual termsWhat Section 498A / BNS 85 covers
The offence is cruelty to a married woman by her husband or his relatives.
Wilful conduct
Conduct likely to drive the woman to suicide or cause grave injury to her life, limb or health.
Harassment for demands
Harassment to coerce her or her family into meeting an unlawful demand for property or valuables.
Serious offence
It is cognizable and non-bailable, which is why timely advice on anticipatory bail matters.
Compoundable
It can be compounded with the court’s permission, so genuine settlements can end the case.
The five stages of a 498A matter
Timelines vary by court and facts. The chambers will tell you honestly what to expect.
Review the complaint
Reading the FIR, CAW Cell record or notice to see what is actually alleged, and against whom.
Protection plan
Deciding between a notice reply, anticipatory bail or both, and drafting the application.
Hearing before the Sessions Court
Listing the application and arguing against custodial interrogation where it is not needed.
Quashing or settlement
Moving the High Court to quash, or recording a settlement where both sides agree.
Trial defence
Charge, evidence and cross-examination if the case proceeds to trial.
Named in a 498A complaint?
What you do in the first few days often matters as much as what is argued later. These are the basics.
Do not ignore notices
Respond on time, through your advocate, and keep proof of service and reply.
Collect your records
Messages, call records, bank trails and wedding records, saved in original form.
Avoid direct confrontation
Do not threaten or pressure the complainant or her family, as it can be used against you.
Seek protection early
Where arrest is a real risk, apply for anticipatory bail before the police act.
Documents checklist
Tap a document to mark it as ready. Bring whatever you have.
0 of 5 ready
Where to apply
Common questions
Is a 498A case bailable?▾
The offence is cognizable and non-bailable, but bail is not automatically refused. Anticipatory bail can be sought before arrest, and regular bail after it. The court weighs the allegations, your cooperation and the facts of the case.
Will I be arrested as soon as a complaint is filed?▾
Not automatically. The Supreme Court in Arnesh Kumar v. State of Bihar directed police to follow safeguards before arresting in offences of this kind, including a notice of appearance where arrest is not necessary. Police still must follow them in practice, so early legal advice is important.
Can elderly parents and relatives be named in a 498A case?▾
They can be named, but the Supreme Court has cautioned against proceeding on general, omnibus allegations against relatives. Specific, dated allegations are needed. The chambers moves for discharge or quashing where such details are missing.
Can a 498A FIR be quashed after a settlement?▾
Often yes, in matrimonial disputes. The High Court can quash an FIR where the parties have genuinely settled, and the offence can also be compounded with the court’s permission. The outcome depends on the facts and the court’s view of the settlement.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment. Urgent bail matters: call any time.
