Quashing of reg cri. case private 498a,323,504,506,34
Abhimanyu
(Querist) 16 March 2015
This query is : Resolved
My Wife filed her Private 498a,323,504,506 & 34. in the year 2012 against 5 people of my family including myself in the JMFC Court.
Following stages has been completed in the JMFC Court.
1. Verification of my wife
2. Order issued against all the 5 people to issue summon to them for appearing in the court.
No other order has been passed than to summon the opponents
In last 3 years we have not received those summons of Private 498a, not even they hand over those summons to us when we were attending the other cases of 125 & Divorce in the court from last 2 years.
In last few days we decided to make compromise & apply for Mutual Consent Divorce under section 13B.
Wife agrees for Withdrawal of 498a as it is private complaint.She filed withdrawal purshish in the JMFC Court, saying that the compromise has been reached & she do not want to further pursue the 498a case.
But the JMFC Court has rejected her withdrawal purshish & asked to take further steps.
1 What shall be the further steps Wife/JMFC can take? and what can happen next as it is Private complaint & we did not joined the investigation as we had not been summoned in spite of the order of summons.
2. How can the proceeding of 498a can be stopped & the case can be dismissed/quashed, as everybody want to finish this mess now & go for mutual consent divorce.
Devajyoti Barman
(Expert) 16 March 2015
1. Yes, JMFC can not withdraw the 498A case as it is non compoundable offence. However you wife can let the case dismissed for default.
2. Another option is to go fo0r quashing in high court. It hardly takes few weeks time.
Rajendra K Goyal
(Expert) 17 March 2015
You have to approach High Court for quashing of the 498 case.
SAINATH DEVALLA
(Expert) 17 March 2015
Ur only option is to go for a quash of 498a in HC.But be sure UR wife continues the compromise formula.
NEVER compromise with a 498a wife. This is a case where a 498a wife breaches consent terms on property. when husband files for breach of consent, wife applies for maintenance and HON court awards interim maintenance. court also strikes OFF husband's defense for NON payment of interim maint arrears !! Husband goes up to HC but HONOURABLE HC also says "....GO pay arrears first.
ajay sethi
(Expert) 17 March 2015
move HC for quashing of complaint on basis of compromise arrived at between parties
malipeddi jaggarao
(Expert) 18 March 2015
I too suggest moving to HC for quashing the complaint. Compromise should reduced in writing and you should take the assistance of your lawyer. Many a time as Expert Mr.Sainath warned, the estranged wife goes back on her version and create further problems. Be sure in this aspect by roping the elders.
SAINATH DEVALLA
(Expert) 18 March 2015
Abhimanyu,
Whoever is, the victim(I am not aware whether U R the querist or the victim),First convince UR wife to submit a memo in the lower court, if negatived then go for quash
T. Kalaiselvan, Advocate
(Expert) 19 March 2015
The wife can take steps by filing a memo first informing the court her intention of compromise and she can step into witness box, get herself hostile to the case after which the court may pass orders acquitting the accused. OR file a quash petition u/s 482 cr.p.c. before the high court where she can file an affidavit stating the compromised settlement arrived out of court which will enable high court to quash the case.
Abhimanyu
(Querist) 19 March 2015
1. But does the Compromise deed signed in front of lower court /mediation need to be submitted in the high court for quashing the case.
2. or the Affidavit by Wife mentioning that compromise have been reached & the case need to be quashed is enough for quashing in HC ?
SAINATH DEVALLA
(Expert) 20 March 2015
As UR case is still in the lower court why think of HC. One way U say ur wife compromised ,then settle the matter in the lower court only.
