Compromise deed in 498-a
Raj
(Querist) 13 December 2016
This query is : Resolved
On behalf of husband family I made the following query
After facing 5 years of criminal trial and During Final stage of arguments of 498-A case, the judge aasked us to compromise with girl family and to made settlement deed and get 498-A quashed by the High court.
1 If we insert the clause that wife will not file any criminal case on husband and his family members, then whether married woman can file the case aginst husband and his family members?
2 But we have apprehension after 498-A quashed she may file the 498-A against us, and again we again have to face the criminal trial fresh. Can judge compel us for settlement deed , if we donot agree for the settlement deed?
adv.bharat @ PUNE
(Expert) 15 December 2016
1) Despite the clause if u do any wrong act then no body stop her from filing such suit in court.
2) No settlement deed can be done voluntary basis no body force you to do it.
Will u appreciate this answer by giving like on my LCI profile?
Raj
(Querist) 16 December 2016
done , liked your profile
Rajendra K Goyal
(Expert) 16 December 2016
You asked:
If we insert the clause that wife will not file any criminal case on husband and his family members, then whether married woman can file the case aginst husband and his family members?
reply:
You may enter if other party agree. Legally may not be helpful and may not serve the purpose.
You asked:
But we have apprehension after 498-A quashed she may file the 498-A against us, and again we again have to face the criminal trial fresh.
Reply:
Yes wife can file.
Rajendra K Goyal
(Expert) 16 December 2016
You asked:
Can judge compel us for settlement deed , if we donot agree for the settlement deed?
Reply:
Judge can not compel for settlement, it can suggest.
In case of no compromise, court would decide on merits.
