498a with compromise

priyanka (Querist) 03 February 2015 This query is : Resolved
Sir,

In matrimonial dispute, both the parties have compromised with the term to withdraw all the other connected criminal cases with 498A and after that 498A proceedings will quash in High Court. First motion have already completed. But, one party (male side) will not withdraw his case and also other party (girl side) will not withdraw her cases i.e. Sec-12 DV, 125Crpc.

In this circumstances, what will be the consequences for both the parties?

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Nadeem Qureshi (Expert) 03 February 2015
Both the parties should withdraw the same otherwise the quashing of FIR can be challenge due to non-performance of the compromise.

ajay sethi (Expert) 03 February 2015
unless parties act on basis of consent terms 498A wont be quashed .

Rajendra K Goyal (Expert) 03 February 2015
Both the parties should have to abide by the consent terms to move for quashing.

Devajyoti Barman (Expert) 03 February 2015
If not cases are not withdrawn then 498A case will continue even after divorce but DV cse will be dismissed.

priyanka (Querist) 04 February 2015
But Sir, Is it possible, after divorce 498A continued with divorced wife. What will happen in 125Crpc proceedings?

Devajyoti Barman (Expert) 04 February 2015
Both 498a AND 125 CRPC CASE CAN CONTINUE AS DIVORCE HAS NOTHING TO DO WITH THOSE CASES UNLESS AND UNTIL THE WIFE REMARRIES WHEN ONLY 125 CASE GOES BUT THE 498A CASE REMAINS.

T. Kalaiselvan, Advocate Online

(Expert) 07 February 2015
If the parties do not agree to withdraw their respective cases, they will continue with the trial.Divorce has nothing to do with this.

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