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XMMHelp616 (WAS)     28 February 2013

Quashing 498-a failed

Hi,

We quashed FIR in a false 498a case at High Court but it got rejected. All family members have already got Anticipatory Bail. Mediation wasn't successful as Girl side demanding more money. Challan has been filed for boys family. We aren't interested to quash in SC as it takes too much time. How can simply Divorce can be given to girl and get rid of all these problems & stress which boy & his old parents are facing? Also suggest if there is any other options.Thanks in advance.



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 7 Replies

Arvind Singh Chauhan (advocate)     28 February 2013

You can't get rid of this problem even after divorce now. The only option is to mutually settle the matter for asking divorce, and to settle all other matters.

rajiv_lodha (zz)     28 February 2013

If u r in a hurry, pay her the amm she wishes. O'wise fight a real battle in courts. Most of the damage of 498a is over, as challans r in court. Apply discharge application in MM court

Successfully fighting with 498 (MANAGER)     28 February 2013

 

Keep quiet for some time because you already  got AB.

Automatically amount will come down.


(Guest)

Justice has to be bought, and for that you have to pay a price, one your life [number of years fighting the case, mental agony, depression]; two your hard earned money.  You have to part with one of them or both of them to get a divorce and get out of this mess called 498a.


Good luck friend!

XMMHelp616 (WAS)     01 March 2013

XMMHelp616 (WAS)     01 March 2013

@All, Thanks everyone for your wishes and showing concern to the problem which we are dealing with. Below is the brief of this case. I need your expert advice here.

 

1  The intercaste marriage of two disabled was solemnized at  X place on 10-05-2011 with no dowry .Girl came to sasural at Y place.
2  After 3 months, the girl went to her matrimonial house X place 0n 13-10-2011 to celebrate function but did not come back to Inlaws.
3  The girl approached  Mahila Police thana at  X place in first week of July 2012 complaining against her husband & in-laws.
4  Counseling was done at Mahila Police Thana at X place on 10-07-2012 & the girl stressed only for the Divorce & to return her Stridhan & with condition that divorce petition was to be filed within a short period.
5  The divorce petition not filed by girl nor cooperated for mutual divorce petition as agreed in counseling so the husband filed divorce petition at Y place on 25-07-2012 and a notice was sent to wife requesting to whom handover her stridhan against receipt but the wife kept silence.
6  On the contrary, the wife filed FIR 0n 05-09-2012 at Mahila police thana at X place against Husband, & in-laws under section 498a,426 &323 alleging marpeet & demand of dowry though all the incidents  are of place Y .
7  The in-laws got anticipatory bail at X place session court & husband could at High court.
8  After bail of in-laws, they handed over all the stridhan  to the wife through Mahila Thana at X place. 
9   Meanwhile a petition was also filed by husband& in-laws at High court under 482 on 24-11-2012 to quash 498a.
10 The challan was filed by Mahila Thana on 06-12-2012 at X place court.
11  Now when 482 filed prior to challan,  & fulfilling of all conditions of counseling  whether High court can exercise its power to quash 498a under 482 as the FIR was a after thought to harass &  extort illegal money from the husband who is severely physically challenged as agreed by the wife in counseling note also.
12  Further  the matter was also referred to Mediation center at  Y-Place as ordered by High Court where the wife again insisted on 20-02-2012 for Divorce but demanded Rs 15 Lacs as one time settlement amount as such the Mediation failed. as the last offer from husband was for Rs 5 Lacs.
13 As of now FIR quash has been rejected at HC.

XMMHelp616 (WAS)     01 March 2013

Originally posted by : rajiv_lodha
If u r in a hurry, pay her the amm she wishes. O'wise fight a real battle in courts. Most of the damage of 498a is over, as challans r in court. Apply discharge application in MM court

 

Modify


@rajiv_lodha, would you please explain your answer in detail? What would be the benefit to apply Discharge Application at this stage, when Quash has been rejected at HC, Challan has been filed and also other party trying to transfer case at their hometown? Thanks?




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