Nishanth Srivastava (sELF) 18 January 2014

Procedure to quash 498a

Dear Sir,

Please advice me on the below scenario.

Fake marital cases were filed by wife against me and my family.

From the last 1 year compromise talks were happening and now it has been finalised.

My query is what is the procedure to withdraw the 498a with mutual consent.

What I have heard from the sources is that both the parties has to be present in front of the Judge to quash this.

My advocate says this is not needed to quash this.

Can it be quashed only on high court or it can be quashed in the Judicial I class magistrate where this was filed.

Who has to do the quashing?

Can my wife/ her advocate do this, if I give them an affidavit? or

Me/ my advocate has to do this by taking an affidavit from her.

Status of 498a is as follows: I believe chargesheet has been submitted to the court by police (I am not sure. I believe so since almost an year has passed), no summons has come from court till now.

Also please let me know the cost involved a mutual consent quashing of 498a.

Thanks in advance for your earliest reply.

thanks

Nishantha mutual consent

Reply Follow

4 Replies

aap (manager) 18 January 2014

Quashing will happen inside hc only for that u have to file applications under 482crpc based on compromise ur wife will give consent in hc and fir will be quashed

Nishanth Srivastava (sELF) 19 January 2014

Dear Sir,

Thank you for your prompt response.

Please advice me the following.

1. Can she/ her advocate do the quashing if I give them the consent/ affidavit or it happens vice versa (I have to do the procedures by taking her affidavit)

2. What would be the cost involved in this and time frame to get it withdrawn?

thanks

Nishanth

aap (manager) 19 January 2014

it depends upon the discricinary powers of high court whether the court can quash on the basis of the affidavid or it require ur wife to be personal presence presence on the date of quashig to give her consent

regarding money depends upon the lawyer generally a high court lawyer asks 40 thousand but againg depends and time frame is 45 to 60 days

hope it helps u

Nishanth Srivastava (sELF) 20 January 2014

Dear Sir, Thank you for the assistance. But my main question is not answered. Me/ she can be present in the court ifneeded. My main concern is who will have to initiate the proceedings or who (me/ wife) can submit/ file the quashing request to the court? Can my wife file this to the court? I will provide affidavit or will go personally if needed. Reason for this is I want herself to withdraw the case. Who has filed the fake complaints and put my entire family in deep trouble. Or is that only husband can quash this. I believe it should be possible for the one who filed it. Thanks Nishanth