Quick answer: 498A and dowry cases
Section 498A IPC is now Sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023 and punishes cruelty against a married woman by her husband or his relatives. Under Supreme Court guidelines, police should not arrest automatically in such cases and must first follow the notice procedure, and the accused can seek anticipatory bail, mediation or, in suitable cases, quashing by the High Court. Law Chambers of Mridul Jindal handles these matters in Ghaziabad, Noida and Delhi. Call +91-8800669834.
Facing a 498A or Dowry Complaint? Act in the First Few Days
When a marriage breaks down, a complaint of cruelty under Section 498A IPC (now Section 85 of the Bharatiya Nyaya Sanhita, 2023) or under the Dowry Prohibition Act, 1961 often follows. The husband is usually named, and the FIR often names his parents, siblings and even relatives who live in another city. What you do in the first few days, before the police call you in and before any arrest, often shapes the whole case.
At the Law Chambers of Mridul Jindal in Indirapuram, we defend husbands and families in 498A, Section 85/86 BNS and dowry matters before the Ghaziabad and Gautam Buddh Nagar (Noida) courts, the Delhi district courts (Karkardooma, Saket, Tis Hazari), the Allahabad High Court, the Delhi High Court and the Supreme Court of India. Our approach is calm and evidence-led. We protect your liberty first, then build the record that lets the case be quashed, settled or defended at trial.
If you are dealing with the divorce, maintenance or custody side of the same dispute, see our pages on divorce, child custody and mutual consent divorce.
Protection from Arrest: Anticipatory Bail and Police Notice
An arrest in a 498A case is not automatic. In Arnesh Kumar v. State of Bihar (2014), the Supreme Court directed that police must not arrest by default in offences punishable up to seven years. They must record reasons, and where arrest is not necessary, issue a notice of appearance under what is now Section 35 of the BNSS (earlier Section 41A CrPC).
In practice, families are understandably anxious, so we usually move early. We file anticipatory bail under Section 482 BNSS (earlier Section 438 CrPC) before the Sessions Court or High Court for the husband and each named relative. We also respond properly to any police notice so that cooperation is on record.
In Uttar Pradesh, the Allahabad High Court in Mukesh Bansal v. State of U.P. (2022) directed a two-month "cooling period" after a 498A FIR, with the matter referred to a Family Welfare Committee before coercive steps. The Supreme Court endorsed these safeguards in Shivangi Bansal v. Sahib Bansal (2025). We make sure these protections are actually applied in your case.
Where the complainant first approaches the Mahila Thana, the Parivar Paramarsh Kendra in UP or the CAW Cell in Delhi, we represent you at those counselling stages too. A well-prepared reply there can stop an FIR from being registered at all.
Quashing of 498A FIR and Proceedings
Many 498A cases do not need to go to a full trial. The High Court can quash an FIR, chargesheet or summoning order under its inherent powers (now Section 528 BNSS, earlier Section 482 CrPC) in the following situations:
Omnibus allegations against relatives: In Kahkashan Kausar v. State of Bihar (2022) and other rulings, the Supreme Court has held that general allegations against in-laws, with no specific act attributed to them, are an abuse of process. Married sisters, distant relatives and family members living in another city are often discharged on this ground.
Settlement between the parties: 498A is non-compoundable, but following B.S. Joshi v. State of Haryana (2003) and Gian Singh v. State of Punjab (2012), the High Court can quash proceedings when the dispute is matrimonial and the parties have genuinely settled. This often happens together with a mutual consent divorce.
Inherent improbability or a counterblast: Where the complaint was filed only after the husband started divorce or restitution proceedings, or the allegations are inconsistent with documentary evidence, a quashing petition can be strong. For UP cases this is filed before the Allahabad High Court, and for Delhi cases before the Delhi High Court.
Trial Defence, Dowry Articles and Connected Cases
Where the case proceeds, we handle the full defence, from bail and discharge applications to cross-examination and final arguments. We also manage the claims that usually travel with a 498A FIR: return of stridhan and dowry articles, complaints under Sections 3 and 4 of the Dowry Prohibition Act, proceedings under the Protection of Women from Domestic Violence Act, 2005, and maintenance under Section 144 BNSS (earlier Section 125 CrPC).
Handling all of these together matters. A statement in a maintenance or DV proceeding can be used in the criminal case, so we keep one consistent strategy across every forum.
Documents to bring to the first meeting: a copy of the FIR or complaint (if available), any police notice, marriage proof, chats, emails and call records around the time of separation, bank transfers or receipts for gifts and articles, and details of any divorce or other case already filed.
Consultations are by prior appointment at our Indirapuram chamber or online. Please contact us to schedule a meeting. Every case depends on its own facts, and this page is general information, not legal advice.
Frequently Asked Questions on 498A and Dowry Cases
For offences committed on or after 1 July 2024, cruelty by a husband or his relatives is punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023, with the same ingredients and punishment as the old Section 498A IPC. Cases registered for earlier incidents continue under Section 498A IPC.
Not automatically. Under Arnesh Kumar v. State of Bihar (2014), police must record reasons for arrest and, where arrest is not necessary, issue a notice of appearance (now Section 35 BNSS). Many families still apply for anticipatory bail early to be safe.
The offence is non-compoundable, but the High Court can quash the FIR under its inherent powers (now Section 528 BNSS) when the parties have genuinely settled, following B.S. Joshi (2003) and Gian Singh (2012).
The Supreme Court has repeatedly held, including in Kahkashan Kausar v. State of Bihar (2022), that vague and general allegations against relatives without specific acts are an abuse of process. This is a common ground for quashing proceedings against in-laws.
Named in a 498A or dowry complaint?
In 498A matters, the first few days decide a lot. Speak to Adv. Mridul Jindal about protection from arrest and your options.
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