498a

Rakesh chopra (Querist) 12 September 2016 This query is : Resolved
Hi sir,

1)please suggest any supreme court judgement that wife can not back out/ ignore for quashing the 498a after getting mutual consent divorce as per agreement (MOU).
2)If wife would be back out than what remedies we should take.
3)if wife back out than Does HC still have the power to quash the 498aFIR.
4)pls provide Any High court or Supreme court judgement.

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R.K Nanda (Expert) 12 September 2016
Citations not supplied

Guest (Expert) 12 September 2016
What do you propose to do with the citations?

Discuss the real problem, if there is any.

Devajyoti Barman (Expert) 12 September 2016
After mutual divorce the high court can quash the 498A case even if the wife does not consent it provided she agreed to do so in the MCD.

Raj Kumar Makkad (Expert) 12 September 2016
Quashing of FIR has not direct relationship with the divorce. Even if wife has backed-out from the mutual consented agreement seeking divorce under section 13 B even then high court has ample powers to quash FIR.

Sudhir Kumar, Advocate (Expert) 13 September 2016
vague query.

Rajendra K Goyal (Expert) 21 September 2016
Agree with the expert Devajyoti Barman.

Guest (Expert) 21 September 2016
Author's silence for the last 8 days clearly suggest that he was desirous of the judgment just to solve his academic exercise.

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