498a quashing
aap
(Querist) 23 January 2014
This query is : Resolved
My case
Wife filed 498a 406 and for getting anticipatory bails we went to high court where the court send us to mediationcentre where settlement reached and decided to give mcd and fir quash
Later based on mediation settlement we got AB, and later we moved 482crpc fir quashing but the girl came and told the judge first he should give me divorce and the judge mentiond in the order that
(as per mediation settlemrnt arrived between parties in case no 123 , fir is to be quashed after divorce by mutual consent
Quashing of fir is premature at this time, so petition is pending and adjournd sine die)
Now everyone in the family cant able to sleep at nigh they think what if after getting divorce she doent show her consent or doesnt come for fir quashing what will happen then
Plz guide me meri to khud ki need haram ho gaye hai, im so much tensed and cant able to think anything else , even my passport is surrenderd by the police on the order of high court
Devajyoti Barman
(Expert) 23 January 2014
When you settled for giving divorce first why you then went for quashing first.
Go for MCD and let her undertake there for full cooperation of quashing after divorce.
After divorce even if she does not turn up, the HC would quash the FIR in her absence.
aap
(Querist) 23 January 2014
Sir in the mediation agreement it is not mentioned that I have to give her divorce first , as im nri the mediator told me that girl side is not agree to give u quash first so he told me that he will not mention which thing will go first , he told me at that time also its ur luck if it will quashed before divorce but the girl appeared in front of judge and start crying for divorce first, being nri judge didnt listened me and my advocate and passed the order mention above
Devajyoti Barman
(Expert) 23 January 2014
Anyway if you incorporate her undertaking fr cooperation after divorce, you would remain safe even if she did not cooperate after divorce.
Got for MCD.
ajay sethi
(Expert) 23 January 2014
get divorce first . your case is only adjourned sine die after divorce you can mention it before court . then necessary orders can be passed for quashing
R.K Nanda
(Expert) 23 January 2014
nothing to add more.
V R SHROFF
(Expert) 23 January 2014
consent terms shall be part of MCD order so no need to worry.
As such Court ordered the condition to quash fir
Rajendra K Goyal
(Expert) 23 January 2014
Well advised by the experts, agree to it.
Nadeem Qureshi
(Expert) 23 January 2014
execute a compromise deed and submit the deed before high court then file divorce based on this compromise deed, in future is she has changed her mind then this ddivorce can be challanged before the court
aap
(Querist) 24 January 2014
Thanks experts for u valuable advise
ajay sethi
(Expert) 24 January 2014
thanks for your appreciation
aap
(Querist) 12 February 2014
dear experts
next month im going to apply for divorce under 13b mcd so my question is
1.should i attach the same mediation agreement as MOU in divorce petition which was done in high court mediation centre and which was also mentioned in the high court order mentioned above
2.as the terms and conditions are same like both will apply mcd,she is bound and have no objection in quashing of fir,amount pay by DD in second motion and half at time of quashing etc...
3.some people say that she has to give her consent to the terms but as high court already mentiond that mediation settlement has reached so do a seperate MOU is required with same terms and little modification
Devajyoti Barman
(Expert) 12 February 2014
1. No need. You have to file MCD wherein all the terms are to be included.
2.OK
3. No need again.
aap
(Querist) 24 September 2014
Sir my mcd 2nd motion is coming in next few weeks , could u please suggest me the next procedure
After divorce my sine die petition will open as per court direcrion, how long will it take further to quash the fir after that
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2014
