DV and 498a
irfan
(Querist) 05 August 2016
This query is : Resolved
Dear Sir s
After filling 498a and DV wife's advocate approached us for settlement since she wish to marry. This approach was done through DYSP, We agreed for settlement and in DV wife submitted withdrawal letter with our signatures. Hence police made C report.
In DV judged said order will be done by 5 however, it's has not been done till date. 4 dates given till date after withdrawal application. Judge wants applicant to be present for order and she didn't bother to come now because settlement amount and khula has done.
There is new wakalat naam filed in last date.
I am confused, can she withdraw the application after settlement.
Can police change the final report.
We have mentioned to the court that settlement is done.
Please guide
irfan
(Querist) 05 August 2016
Dear experts. Please reply
P. Venu
(Expert) 06 August 2016
The settlement in 498A case could be effected only by the High Court in a petition moved under Section 482CrPC.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 August 2016
1) When the police has filed C report , it can not be changed.
2) In DV case the opposite side to remain present for final order but if opposite side remains absent the case will be dismissed in normal course.
But you say new VP is filed so if they try to continue the case you have to contest but now your position will be strong.
Rajendra K Goyal
(Expert) 07 August 2016
Agree with the advice from the expert DEFENSE ADVOCATE.
irfan
(Querist) 11 August 2016
Thank you so much expects for time and help.
