498 a

Dhaval Mehta (Querist) 07 August 2014 This query is : Resolved
Dear sirs,

I had filed divorce in may 2010.
My wife attended court in nov 2010.
Thereafter she had filed domestic violence in dec 2010.
She filed FIR in 498a in march 2011. I , my and brother got bail immediately.
Chargesheet was filed in Nov 2011.

Eventually my wife withdrew domestic violence in june 2012.
We got divorce by mutual consent in july 2012 mentioning that she will help in removing 498a case from metropolitan court.

The same case is pending in metropolitan court since july 2012 as my wife changed her statements and commitments as mentioned in mutual consent filed in family court.

Since july 2012 either she doesnt attend or give false statements to the court.

Last month honourable jugde at metropolitan court has advised to go to high court.

I would like to know since mutual consent is filed and has been approved by family court why there is no way to settle 498 a case here at metropolitan court.

What is the best way to get rid of this case at earliest ???

I have all the certified documents mentioning there are no exchange pending and we both are divorced mutually.

Await reply. Thanks

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ajay sethi (Expert) 07 August 2014
move HC for quashing of 498A case as wife had agreed to with draw 498A in the consent
terms

Dhaval Mehta (Querist) 07 August 2014
Thank you sir for your reply.

But wife has changed her statements now claiming she has not got what she wanted as per consent. Where actually its clearly mentioned that no exchange is pending between parties.

Also how long does it take to quash ??

Guest (Expert) 07 August 2014
Still you can move the HC as advised by Shri Ajay Sethi and prove you have satisfied the conditions of agreement.

ajay sethi (Expert) 07 August 2014
on basis of consent terms you can file for quashing . consent terms were signed by wife of her own accord . if you dont to move HC for quashing contest case before trial court on merits

Dhaval Mehta (Querist) 19 August 2014
How long does it take to get quashed in HC ?

ajay sethi (Expert) 19 August 2014
no exact time frame can be mentioned by us . it can take upto a year

Dhaval Mehta (Querist) 19 August 2014
Apart my above query,

If above case is quashed or I get aquittal, can I get POLICE CLEARANCE CERTIFICATE without any criminal records ??

And what if I apply for POLICE CLEARANCE CERTIFICATE at the time of ongoing case ?

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