Ajit Prasad (None) 12 July 2015

Fir quashing after mutual consent

Hi Sir,

Wife files FIR in Jun-2014 in Uttar Pradesh. (498a, 313, 406, 504, D/P Act) and also filed a DV Case (Notice not issued , She is working and has not issued summons to appear).

After a year of mediation in July -2015 both the parties have agreed to file for 13B . Terms of Condition are:- Exchange of Jewellery . One Time Alimony of 15 Lakhs 12 Lakhs DD + 3 Lakhs Cash (Cash receipt will be mentioned in agreement). All this will happen in one go as per lawyer following documents are being prepared

1. Agreement - Containing receipt of DD . Cash . Jewellery. Condition that all amlimony paid in 1st motion and nothing to be paid in 2nd motion. Wife to take back DV case and assist in quashing of FIR. And other common clauses

2. 13 B - 1st Motion papers mentioning alimony amount and that it is one time only.

3. Joint Petition for Quashing FIR - Joint petition in high court signed by both parties along with the agreement and 13B to Quash the FIR. Court will give a date of appearance after 2 days.

The plan is to sign these three documents in one go as all alimony being paid in 1st motion itself. Immediately after this the Cash DD and Jewellery will exchange hands.

After 2 days when High Court will ask both parties to appear where husband and wife's lawyer will appear to quash the FIR.

I wish to ask the respected lawyers of this forum if this plan is OK as I am paying full alimony in 1st motion itself.

Your help is appreciated.

https://wrongaroundus.blogspot.in

Reply Follow

8 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 July 2015

Sir,

Though its fine, but it is always suggestable to block the money till the end, I mean till the qushing be done ....

Warm Regards

Kapil Chandna Advocate

9899011450

stanley (Freedom) 13 July 2015

I have to state that its a clever ploy by your wifes lawyer .

1. Why offer her alimoney when she is a working women .

2. Next in first motion you hand over the money to her and than she withdraws the case itself and does not appear at all for second motion . Your money is gone to the wind

3. Be firm and have your Way .

4. Contest all the cases 498 A , DV etc and win the same on merits .

Adv k . mahesh (advocate) 13 July 2015

Mr Ajit prasad

first read second motion in mcd quries in this forum you will gain how they act as per their wish

means never give money in 1st motion as suggested above after paying in 1st motion and filing the quash peition in court if she does not appear then what is the next step

and the 2nd motion validity is 18 months from the date of first motion so decide what you want to do

prepare a draft that you will pay the full amount cash + DD + jewellary and about kids if any in 2nd motion after quashing the fir in high court only ( no changes) see their behaviour

Dr J C Vashista (Advocate) 14 July 2015

Well advised by experts, I fully agree with them. Be smarter with the FREE advise on this platform.

Pay the alimony in 3 installment (1/3rd in first motion-which is already over); next 1/3 when both of you appear for second motion in the court and third and last installment in the High Court and get it recorded in the order sheet of your petition case as an acknowledgement of the articles and money.

Ajit Prasad (None) 14 July 2015

Hi Sir,

To add to Questions: Our Lawyer is filing a Joint petition for FIR Quashing at the time of 1st Motion Itself on the day when agreement is being signed and money is being given. We are told that after 2 days of 1st motion High Court will quash the FIR and pass the order in a week and only thing left will be 2nd motion of divorce for which date will be after 6 months.And that Wife will be bound to appear as she will sign agreement for the same along with 1st motion.

Please let us know if this has some cushion,

stanley (Freedom) 15 July 2015

you have already been advised very well by the above experts . Now the choice is yours of what you wish to do as you are going to face the music .

Adv. Chandrasekhar (Advocate) 15 July 2015

No. Agreement is fully in favour of wife. You should go for 1st motion with 5 lakhs and lateron approach HC for quash petition with 5 lakhs and second motion with 5 lakhs.