498A lawyer in Delhi

498A Lawyer in Delhi: Cruelty and Dowry Cases Under Section 85 BNS

Quick answer: 498A cases in Delhi

Cruelty by a husband or his relatives, earlier Section 498A IPC, is now Section 85 of the Bharatiya Nyaya Sanhita, 2023 (with the definition in Section 86) and is punishable with up to three years and fine. In Delhi, many complaints are first taken up by the Crime Against Women (CAW) Cell of the district police for counselling and mediation before an FIR is registered. Because the punishment is up to three years, the police should generally issue a notice under Section 35(3) of the BNSS instead of arresting (Arnesh Kumar v. State of Bihar, 2014). The Delhi High Court can quash a 498A FIR when the parties genuinely settle. Law Chambers of Mridul Jindal handles these matters in Delhi. Call +91-8800669834.

Written and reviewed by Adv. Mridul Jindal, Advocate enrolled with the Bar Council of Delhi (2021) · Last updated 1 Nov 2026

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How a 498A Complaint Proceeds in Delhi

  • CAW Cell: The complaint is often sent to the district CAW Cell, where both sides are called for counselling and settlement talks.
  • FIR: If no settlement is reached, an FIR may be registered under Sections 85 and 86 of the BNS and the Dowry Prohibition Act.
  • Investigation and charge-sheet: Statements are recorded and a charge-sheet filed before the Magistrate in the district court complex.
  • Related cases: Maintenance, domestic violence, divorce and custody cases often run alongside in the family courts.

For Husbands and Families

We seek anticipatory bail in the Sessions Court or the Delhi High Court, prepare for the CAW Cell proceedings, and challenge vague allegations against distant relatives; the Supreme Court in Kahkashan Kausar v. State of Bihar (2022) cautioned against roping in relatives without specific allegations. In 2025 the Supreme Court (Shivangi Bansal v. Sahil Bansal) also directed implementation of the Allahabad High Court's guidelines providing a two-month cooling period and referral to Family Welfare Committees before coercive action.

For Wives and Their Families

We help draft a clear complaint with dates and specific incidents, accompany clients through the CAW Cell process, and pursue maintenance, residence and protection orders under the Domestic Violence Act and recovery of stridhan alongside the criminal case.

Settlement and Quashing

If the parties settle, for example as part of a mutual consent divorce, the Delhi High Court can quash the FIR under Section 528 of the BNSS on a joint petition, as recognised in B.S. Joshi v. State of Haryana (2003) and Gian Singh v. State of Punjab (2012). The settlement terms should be recorded carefully so that all related cases end together.

Related Services

Related: 498A cases in Ghaziabad · divorce in Delhi · anticipatory bail in Delhi · domestic violence.

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Frequently Asked Questions

Cruelty against a married woman, earlier Section 498A IPC, is now Section 85 of the Bharatiya Nyaya Sanhita, 2023, with cruelty defined in Section 86.

The Crime Against Women Cell of the Delhi Police district unit, which often handles matrimonial complaints first through counselling and mediation before an FIR is registered.

Since the offence is punishable with up to three years, the police should generally issue a notice of appearance under Section 35(3) of the BNSS and arrest only if the legal conditions are met, following Arnesh Kumar v. State of Bihar (2014).

Yes. The Delhi High Court can quash the FIR on a genuine settlement between the parties under Section 528 of the BNSS, usually on a joint petition supported by affidavits.

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