498a quashing

K*I*L*L*E*R (Querist) 27 December 2013 This query is : Resolved
Dear experts,
My wife filed 498a, 406 on me and my family and later the case get comoromised inside mediation centre of hc
Now we r going to pay half payment at the time of divorce and the rest half at quashing
As divorce has to be done first under 13b mcd and later quash will be taken up

1What if she doesnt show up at quashing time will my quash gets strucked or delayed in that case

2 some people told me that court will quash the fir if even girl will not show up on the basis of mediation agreement is it right
Plz guide thanks

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ajay sethi (Expert) 27 December 2013
NO IF YOU HAVE MADE PAYMENT AS PER CONSENT
TERMS COURT WILL QUASH 498a COMPLAINT

K*I*L*L*E*R (Querist) 27 December 2013
No ?...............................

ajay sethi (Expert) 27 December 2013
YOU have to make payment as agreed with your wife . court will then quash your complaint

V R SHROFF (Expert) 27 December 2013
Once consent terms signed, & include to withdraw or compromise all litigations, it is binding on both parties.
No punishment thereafter.

DEFENSE ADVOCATE.-firmaction@g (Expert) 27 December 2013
Even both parties have agreed same court has no power to quash.

THIS IS BIG SHORTCOMING IN LAW.

Both of you have to apply jointly to HIGH COURT for quash. And if both agree it will be done but only by HC and not by trial court.

Nadeem Qureshi (Expert) 27 December 2013
agree with experts

SHIRISH PAWAR, 7738990900 (Expert) 27 December 2013
same court cannot quash the FIR one has to approach high court for quashing.

R.K Nanda (Expert) 27 December 2013
NOTHING TO ADD MORE.

Advocate Bhartesh goyal (Expert) 27 December 2013
Both of parties to complaint have to approach High Court for quashing complaint u/sec 482 of Cr.P.C.

Rajendra K Goyal (Expert) 27 December 2013
For quashing High Court has to be approached.

Devajyoti Barman (Expert) 27 December 2013
Yes, if you make the balance payment the high court would quash the case even if the wife does not turn up.