Quashing of 498a in absence of ex wife

Anant (Querist) 10 July 2017 This query is : Resolved
My case is in Delhi highcourt for quashing of 498A. Divorce has already been granted on mutual consent basis. My ex wife didn't turn up for hearing on 2 dates. I am also supposed to pay her last installment of settlement money. It seems she is not interested to come to the court now. What happens in this kind of scenario? can court quash the case without her presence? Will the last installment of money remain with me if she doesn't take?

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Kappil Cchandna (Expert) 10 July 2017
Sir,

If it's a quashing in mutual consent, I believe the court can quash the matter and u can show the court the deposit of the amount in her account ......

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741

P. Venu (Expert) 11 July 2017
How is that the matter is in the High Court?

Anant (Querist) 11 July 2017
Divorce was granted by district court Dwarka on mutual consent basis after I paid 90% of agreed amount. I've to pay 10% remaining amount on quashing of 498A in the highcourt. On last two dates she didn't turn up and there's no response from her side. Can highcourt quash the case in her absence if she fails to come this time also? What will happen to 10% amount I am supposed to pay.

Dr J C Vashista (Expert) 13 July 2017
The High Court shall ask the complainant for payment of agreed amount to ensure her satisfaction. She (your ex-wife) shall be identified by the IO of the complaint case.
Your lawyer may file petition for quashing FIR along with an application for issuance of summons to the complainant through IO. However, registry shall not pass/submit the petition to the Court in the absence of affidavit of complainant, which can be mentioned to be put up before the Court "under office objection".

Anant (Querist) 13 July 2017
Following order has been passed by Highcourt on my last date. I wanted to know if she doesn't turn up on next date also what order highcourt will pass? How should I pursue the matter to close on this date only as for me it's very diffcult to travel from Hyderabad to Delhi.
O R D E R
% 07.02.2017
(1) Case received on transfer.
(2) Learned counsel for the petitioners states that respondent No.2
is not cooperating despite settlement arrived at between the parties
before the Court.
(3) On taking steps by the petitioner, notice be issued to respondent
No.2 by all permissible modes, returnable on 18th July, 2017.
(4) Response be filed within four weeks from the date of service.
(5) Rejoinder (if any) be filed within two weeks thereafter.
(6) In the meantime, State shall file status report indicating the
stage of investigation/trial. State shall also verify if the matter has
been settled between the parties with their free consent.
S.P.GARG, J