Parth Chandra (none) 02 July 2010

Which option is better - Quash or dismissle for 498a etc.

Hi Dear Advocate Friends,

Brief history about the case is as below.

1) Me and my wife were living in Mumbai and my father & brother live in Gujarat.

2) Wife left home with my daughter after some quarrel and filed 498a, Dowry prohibition, 323 etc. cases in Jan-2010. Brother got arrested in Feb-2010 without any intimation and we got regular bail for all three of us in couple of days.

3) Immediately wife filed CRPC 125 (cross examination of wife from my lawyer is due this month).

4) Now, In-laws are demanding 2.5 lacs to be deposited on Wife’s name for settlement.

5) However wife/in-laws are not ready to give statement that these cases were false and we haven’t done any wrong to her

6) But instead they are ready to write that we have done the settlement and would now live happily!!

7) If they make statement in CRPC 125 court as per point-6, then based on that can 498a be quashed / dismissed or she must write as per point-5 in order to quash/dismiss the cases.

Based on above, I need to know that which from the below option is better if a compromise formula has been worked out for 498a, Dowry Prohibition etc. cases.

I belong to Ahmedabad.

1) Quash petition in high court – My lawyer told me that high-court fees are too expensive. Moreover high court lawyers would also charge much for quash petition.

2) Wait for 498a case to come on board of Metro magistrate court (ghee – kata court, Ahmedabad) which may take some time (not sure how much exactly) as charge-sheet has been filed in end of March-2010 and we have not received any summons yet. And once the case comes, then put a join petition for dismissal (Is it valid?)?

3) We are still negotiating on amount for settlement, but should it be paid while withdrawing 125 crpc or we should divide the amount such that part would be deposited on CRPC 125 withdrawal and part would be on 498a quash/dismissal.

4) What is your expert opinion on withdrawal of these cases? I mean what is the correct way to go about this?

Experts,

Kindly en-light me with your answers.

Thanks.

Reply Follow

3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 July 2010

It is better to pay the amount while withdrawing the 125 petition and it is necessary to mention it in the court order sheet..In 498a case still chargesheet is not filed then wife has to give a restatement that false case was filed and now we are happy and living together. If she agrees for it and files the same then question of quashing does not arise.

1 Like

Parth Chandra (none) 02 July 2010

Thanks Rajeev Sir,

But in my case the Chargesheet has been filed in March-2010. Please advice still your suggestion is applicable.

(Guest)

Some independent thoughts;

1. Suppose all goes well at the end of the day, then, what will be the status of spouse here means husband and wife or some wife who filed some cases on husband / family side and took "royalty" out of it and still remains a wife to him dosenot looks like a comedy of errors to me :- )

2. You say you are natural guardian, so what will be the status of "welfare of child" out of all perfect planning we are looping here man ?

Some independent suggestions:

1. Negotiate an amount and freeze it by jointly framing Agreement Terms and Conditions and pases to pay in instalments till all cases closed for eternity.

2. Suggest to go for MCD by filing MCD annexed with Agreed Terms and Conditions. At the time of first statement ask her to withdraw S. 1265 CrPC by a statement before Family Court.

As per moneyrama quotient settled between you two birds pay 25% amount by way of cheque at the time of recording First Motion Statement. Also set some welfare of child terms in relations to natural guardian / grandparents meeting rights too and ask her to abode them during "cooling period".

3. Come finishing of "cooling period" court date and on that date during second motion statement pay 50% settled amount and pray for "quashing" of criminal charges against you and family members. Means she should co-operate during quash before HC. With quash Order come back to FC and seek the decree by meeting last instalment payment which is 25%.

4. The agreement / MoU for MCD should have guardianship / joint or sole custody terms and conditions including maint. for the child, her education, medical and marriage related settled issues including visitation at agreed venue under intimation to each other etc. terms.

well, there are too many kisses between cup and lips, writing it is easier but following it with strategies is the tricky part with spousal relationship when things go for sixer in some cases :-) Involve a neutral person in coming on terms of these suggestions. I suppose you have asked one too many loopy questions here looks so from the face of your forum postings and independently advising you to seek help of a matrimonial civil lawyer by searching from the LCI database as per your location and let him handle all these sticky stuffs.

Above friendly comment also relates to quash - one can do a quash if all rossy by being petitioner in person and if you have the will I can throw in D HC citation and several other HC citations wherein parties in person had jointly did it bze at the end of the day they were broke out of payments ha aha.

Concerning Ld. Advocates fees before HC for cooperating quash proceedings I can't give much of a value addition here but if it is agreed stuff then what is the big hype picture brother :-) Now don't thank me and get me involved into another sets of answers, you already have good stuffs to read and to go ahead just read your own past forum postings it is all doable in cooperation with a Ld. Advocate.

All the best, Rgds.