498a and dp act
Saleem
(Querist) 14 January 2019
This query is : Resolved
Hi All, I got married around 1 year back. There was no dowry involved and the marriage expenses were shared equally between both the families. My wife left me in july. As we came to know abt her affairs. I sent her legal notice calling her for mutual divorce in november. she filed a dowry case and 498a case against me and my family. i have also applied for divorce in court. I have obtained bail also. Police inspector called me and said my wife and her family want to compromise. She is not aware that i have already applied for divorce. Inspector told that they are expecting 20L as settlement money. I told him that i have already applied for divorce in court. But he is forcing me to talk to my wife and her family. Also he was telling that if i settle in police station the 498a and dowry case will be closed there. But as i understand it is non compoundable and it has to be closed by court. Can you plz help me, will the cases against me and my family will get closed if i get settlement done in police station. Stil the chargesheet is not filed.
Dr J C Vashista
(Expert) 15 January 2019
You have stated to have already engaged an able, competent and intelligent lawyer to file/ contest your case(s) and well aware about the facts and circumstances, why did you not pose this question to him/her ? Have you lost faith in him/ her, if so, change him/her immediately; otherwise, proceed as advised.
Why do you need second opinion from experts except the fact it is available FREE OF COST ?
Isaac Gabriel
(Expert) 15 January 2019
498 a has been terrned as civil case in delhi High Court LPA 736/2013 &CM 15769/2013.dated 26/05/2014 Plead with the judgement to drop the criminal case.
KISHAN DUTT KALASKAR
(Expert) 16 January 2019
Dear Sir,
The police can file B report that is no case report by recording further statements of wife and relatives stating that there was compromise and settlement. This is within the powers of police before filing of charge sheet. However after filing of charge sheet it becomes non compoundable as such you have to approach High Court for quashing of charge sheet and for that your wife must agree. As you are saying there is adulterous allegation against your wife you may take a chance to fight the case and win divorce case without alimony. Choice is yours.
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